If part of your contract is to keep yearly updates, or update phone # & mailing address', & you don't do that, that is breach of a contract.Quote:
Originally Posted by Ginger's Mom
thats all I ment.
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If part of your contract is to keep yearly updates, or update phone # & mailing address', & you don't do that, that is breach of a contract.Quote:
Originally Posted by Ginger's Mom
thats all I ment.
I agree with the fact that if they no longer want the dog they must agree to give it back, but really thats all you can do. You can't make them tell you the whereabouts of the dog at all times. I understand you have the dogs best intrest at heart but its unrealistic. I don't think the police would do anything if you called them and told them the people you sold a puppy to moved and didn't tell you about it. Why don't you do something like the breeder we got Mercedes from does every once in a while she has a picnic and all the puppies from her litters are invited to meet and she gets to see the dogs again :)
edited to add: Other breeders copy people's birth certificates!! :eek: No wonder identity theft is so easy!
It's very good. I think it should state something about the dog being a member of the family/indoor pet. I've seen that in a lot of contracts, and it's a good one.
I've never heard of the credit card/birth certificate thing, and it's definatly something that would make me a bit uneasy.
EDIT--I wanted to add that if there's forms, etc before you approve people, you should get enough information on them/have enough contact with them to know if they're the type of people to run off with a dog/give it away. Especially with references and such. Besides, if someone had an emergency/had to go away, I don't think the first thing they would worry about is contacting their dogs' breeder.
The majority of Belgians are never sent within the same province/state -- they are almost always sent to other provinces, states, and a high percentage of the time to Europe, so the liklihood of them actually wanting to ship their dog back to me is not very good --- and while verbal communication can only assure so much, I'd rather talk to them and make sure they've approved the new home and get that home's contact information for me.
The reason I ALWAYS need the contact information is that if the dog is in a shelter or rescue and they contact me with the dog's tattoo number and microchip, I know exactly who is losing my dogs and for what reasons, so that I can warn other breeders and know not to sell them another dog. I can contact the owner after the shelter contacts me.
Again, and I can't stress this enough, contact an attourney specializing in contract law before you do this. I know in the US parts of that contract would be illegal without a privacy act statement, and there are legal limitations on how long you can keep information.
Well it sounds as if you know what your doing I have never bred anything so I was just giving outsider advice anyways Good Luck!
I think it sounds great!! I can understand that you want to know where the dog is so you can contact the owners when you need to. Great job. :)
What will you do if a person doesn't own a credit card? I only have one and its expired having never been used. Not many people can say they don't have one by the time they are almost done with college but I'll be the exception.
Wolfsoul, That looks like a very good contract. :)
There is just one area (small one) that CAN be included but not
advisible. The section where you state that the buyer MAY be asked
to provide their credit card number in case they disappear. MOST know-
ledgable persons will not and should not ever surrender their credit card
number for purposes such as this.
It is the purchasers responsibility to honor this contract and if they do not
then it is up to you to find them should they "disappear" or ask for another
means of contact for possibly locating them in the future.
You perhaps will have purchasers willing to do this BUT you might miss out
on an adoption to a wonderful forever home also.
I know I would not give anyone my credit card number for this purpose.
Oh, I also need to say that I do work in the legal profession and have for over
15 years and I do know that while ANYONE can put anything in a contract
but it doesn't mean that it is legal and binding in its entirety. Contracts are broken every day. Yes, I agree that you should pay an attorney :eek:
to look this over.
And King.....sorry, but breaking a contract doesn't give the police ANY
power over something like this...........this would be a Civil Case matter.
Reasons the Credit Card/Birth cert or other requirement for personal data are a major problem:
Where are you going to store the info?
If on an IT (computer) system is it certified against unauthorized intrusion?
If in a safe does it meet bank standards?
How long?
How much liability insurance are you going to carry for loss of the data or security breach of the data? (you can do a lot with a birth cert or CC#)
How are you going to notify the person that the data has been compromised if it happens?
OK, I'm going to try and say this nicely, and I'm probably a reject, but if I was looking for a pet, there is no way I would sign papers that required me to sign over a credit card number so that I can be tracked. Not in this day, where identity theft is so rampant. I would walk away, and find a different source to find a puppy/dog. Also, the part where you need to know exactly where the dog is, at all times, seems to be excessive. Again, I wouldn't sign a contract, having to keep tabs with someone else to make sure THEY think that I am taking care of my dog. That's my business.
I think it looks pretty good, and I think the whole credit card thing is no big deal. I'll go see if I can find Lily's breeder's contract.
Quote:
Originally Posted by wolfsoul
I agree. You have a total right to have their credit card number if they really want a puppy they'll give it to you. And your contract shows you care about the puppies, I agree with everything on it and I think you should know they're credit card number. It's not silly at all.
Honestly I'd not give my credit card number or any other vital information like that in which, if it got in the wrong hands, could be used to really wreck my life. That's not saying I'd necessarily suspect the breeder of any bad intentions, however they would have to store this information somewhere, and that means it is possible that somewhere, somehow, someone else who shouldn't might have a means to get access to it whether it's by computer hacking programs or someone breaking in and stealing it. I certainly think there's nothing wrong with requesting regular updates and any address changes, but I think I would personally do careful screening to begin with, request strongly that the person stay in contact, and at some point have to accept that the dog is out of your hands and you have done all you can to ensure it has a good home with responsible owners.
I was in close contact with Willie's breeder until we stopped showing him and he was neutered. At that point other than occasional updates we didn't talk to her much. When I moved to Minnesota, he was 8, and I did not call up and tell the breeder. We hadn't been in contact for a few years by then anyway, and he was no longer being shown, was not a breeding prospect. She knew the caliber of people we were that we'd never rehome him. I just had so much going on in my life at the time, I didn't even think about it.
Now, those of you saying "it's no big deal" (at least as far as I can tell) are younger, and haven't lived on your own and haven't experienced being burned or the very real threat of identity theft. I'd suggest you read up on it a bit. It is serious and it is becoming more and more of a common crime: IDENTITY THEFT
All it would take is someone finding out that a breeder collects credit card numbers, and then finding a way to get a hold of them. That is why in America at least, Privacy Act laws are very, very strict, and I doubt that contract would be legal here.
If you are determined to go with it, I'd definitely take Lady's Human's advice and make sure with an attorney that it is legal. In that case, if you had people willing to hand over those kinds of things and take the risk, more power to you and I'd just hope you never "lost" any of those things in some way, that would be a lot to be responsible for. :p. Personally I just would never take the chance..
My 2 cents.. or perhaps it was closer to a dollar :D
Looks good!
I don't think #2 is too big of a deal. I'd be weary of any breeder who didn't require current addresses. It shows that the breeder is geniunely concerned about where their dogs end up. It's not like it's that big of a hassle to send an email or call the breeder and simply tell them the new address. The most it'd take is 5 minutes. :\
I don't know if I'd hand over a credit card number though. If I didn't know you personally, I think I'd keep looking around for other breeders.