Guidelines for Writing Contracts
What follows are some guidelines compiled by the American Lhasa Apso Club's Breeder Education Committee regarding writing Puppy Sales Contracts, Health Guarantees, Stud Service Contracts, Spay/neuter Contracts, and Adult Sales Contracts. The samples are intended only as guides and can be modified to meet a particular breeder's needs or preferences.
Guidelines for Writing A Puppy Sales Contract
(1) Contact information of both buyer and seller (names, addresses, phone numbers, e-mail addresses)
(2) Sire's AKC registered name and AKC registration number
(3) Dam's AKC registered name and AKC registration number
(4) Puppy's sex, AKC litter number, date of birth, color/markings
(5) Price paid for puppy
(6) Payment method (i.e., check, cash, money order)
(7) Date of purchase
(8) Purpose of sale: Pet, Show, Breeding
(9) Date(s) of puppy's veterinary checkups, dates and list of vaccinations and fecal checks/results
(10) Date when next vaccination is due
(11) An indication (e.g., circle YES or NO) of whether or not spaying or neutering is required. If yes is circled, then "Spay/neuter before <fill in a date> should be included in the contract."
(12) An indication (e.g., circle YES or NO) of whether the puppy's AKC registration paperwork is being furnished at the time of sale.
(13) If no is circled, then an explanation of why the AKC paperwork was not furnished at time of sale should be given. Possible explanations might include:
(a) Buyer must have puppy neutered/spayed and provide proof of the procedure before paperwork will be sent.
(b) Buyer and seller agree that no AKC registration paperwork will be furnished now or in the future for this puppy.
(14) Return policy
(15) Signature/date lines for both buyer and seller.
Note: Buyer and seller should each get a signed copy of the contract for their files. Seller should provide buyer with a copy at the time of the sale.
Other items that may be included as part of the sales contract:
(1) Sire and Dam Color/Markings
(2) Sire and Dam DNA numbers
(3) Name and contact information of seller's vet
(4) An individual heath certificate from seller's vet that states age, weight, and any known defects at date of examination.
Guidelines for Writing A Health Guarantee
(1) Contact information of both buyer and seller (names, addresses, phone numbers, e-mail addresses)
(2) Sire's AKC registered name and AKC registration number
(3) Dam's AKC registered name and AKC registration number
(4) Puppy's sex, AKC litter number, date of birth, color/markings
(5) Date of Purchase
(6) Length (in days, months, or years) of guarantee
(7) Health conditions covered by the guarantee
(8) Procedures to follow if the Lhasa Apso is found to have a health condition covered by the guarantee.
(9) The kind of refund given (e.g., full or partial purchase price, replacement puppy)
(10) List of items that void the guarantee (e.g., over vaccination, neglect/abuse)
(11) Whether or not the guarantee is transferable
(12) Signature/date lines for both buyer and seller.
Note: Buyer and seller should each get a signed copy of the contract for their files. Seller should provide buyer with a copy at the time of the sale.
Guidelines for Writing A Spay/Neuter Contract
(1) Contact information of both buyer and seller (names, addresses, phone numbers, e-mail addresses)
(2) Sire's AKC registered name and AKC registration number
(3) Dam's AKC registered name and AKC registration number
(4) Puppy's sex, AKC litter number, date of birth, color/markings
(5) Date of Purchase
(6) Date by which seller expects buyer to have puppy spayed/neutered
(7) The type of proof buyer expects seller to provide (e.g., photocopy of the vet bill indicating the procedure, statement from the vet on his/her letterhead stating the puppy has been spayed/neutered)
(8) A statement of whether or not AKC registration paperwork will be provided to buyer once buyer sends seller proof of spaying/neutering
(9) Consequences of failing to abide by the agreement.
(10) Signature/date lines for both buyer and seller.
Note: Buyer and seller should each get a signed copy of the contract for their files. Seller should provide buyer with a copy at the time of the sale.
Guidelines for Writing A Stud Service Contract
(1) Contact information of both stud owner and bitch owner (names, addresses, phone numbers, e-mail addresses)
(2) Stud dog's AKC registered name and AKC registration number
(3) Bitch's AKC registered name and AKC registration number
(4) Amount of payment
(5) Method of payment
(6) When payment is due (e.g., at time of breeding; after whelping; half-down at time of breeding, balance after whelping)
(7) Conditions (e.g., How many times will the bitch be bred? If for some reason the bitch cannot be bred naturally, can she be artificially inseminated? Will payment be a puppy back? If so, who chooses the puppy and when? Is a litter guaranteed? What happens if no litter results from the breeding? Is the stud fee returned? At a later date (how much later?) can the bitch be bred to the same dog or another that the stud dog owner owns for no charge or a reduced charge? What happens if there is only one puppy? At a later date (how much later?) can the bitch be bred to the same dog or another that the stud dog owner owns for no charge or a reduced charge? If the stud dog owner wants a puppy in lieu of a stud fee, what happens if there is only one puppy in the litter? What happens if both stud owner and breeder want a bitch puppy and only one bitch is in the litter? Who gets that puppy? To whom is the breeder allowed to sell or not to sell the puppies?)
(8) Signature/date lines for both stud owner and bitch owner. Note: Each person should get a signed copy of the contract for his/her files.
Guidelines for Writing An Adult Adoption Contract
(1) Contact information of both buyer and seller (names, addresses, phone numbers, e-mail addresses)
(2) Identifying information for the Lhasa Apso being adopted
(a) sex
(b) date of birth
(c) color/markings
(d) AKC registered name and AKC registration number
(e) Sire's AKC registered name and AKC registration number
(f) Dam's AKC registered name and AKC registration number
(g) breeder
(h) current owner
(3) Date of Purchase
(4) Purchase price
(5) Payment method (i.e., check, cash, money order)
(6) Health History (e.g., dates of vaccinations, heartworm preventative, dentals, medications, any surgeries, and other pertinent health-related information)
(7) Due date of next vaccination(s) and/or medications
(8) An indication (e.g., circle YES or NO) of whether or not spaying or neutering is required. If yes is circled, then "Spay/neuter before <fill in a date> should be included in the contract."
(9) An indication (e.g., circle YES or NO) of whether the Lhasa's AKC registration paperwork is being furnished at the time of sale.
(10) If no is circled, then an explanation of why the AKC paperwork was not furnished at time of sale should be given. Possible explanations might include:
(a) Buyer must have this Lhasa Apso neutered/spayed and provide proof of the procedure before paperwork will be sent.
(b) Buyer and seller agree that no AKC registration paperwork will be furnished now or in the future for this Lhasa Apso.
(11) Return policy
(12) Signature/date lines for both buyer and seller.
Note: Buyer and seller should each get a signed copy of the contract for their files. Seller should provide buyer with a copy at the time of the sale.