[WSBARP] [solo-practice-and-small-firms] akc dog - return to breeder issue

[Carmen Rowe]

I myself breed/show/work Alaskan Malamutes, and have developed this type of
language myself, taught on it, followed general law regarding when that can
be enforceable and when not, and have helped in legal matters on these
types of clauses. In an estate case I always recommend you respect that;
and most families are relieved to have that option.

The breeder should have a copy of the contract.  And the contract will also
dictate how strong the right is.

I can say as a breeder the reason behind these are first and foremost
ensuring the safety and well-being of the dog, I want to know the dog is in
good hands/doing well for its entire life, and is with someone I trust to
provide that. That is important to many people to know that this is
entirely out of love, respect and responsibility for the life they brought
into the world - not something selfish. Sometimes if the animal is intact,
there is also a serious consideration of breeding. One, to maintain the
genetics if the dog was to be part of a breeding program (many breeders
place high-quality dogs out expecting to maintain the genetic piece while
not keeping every nice dog themselves, thus keeping numbers smaller/every
dog is the pet they deserve to be as well as any breeding contribution).
And two, of course, making sure someone doesn't get the dog that will then
go out and indiscriminately breed him/her. Most contracts have limitations
on breeding to ensure responsible breeding practices.

I will also say, as a practical matter beyond legally challenging any such
clause, if the breeder is showing up to ensure the dog comes back the odds
are excellent they are a good breeder - thus will do right by the dog. So
unless a family member has a strong attachment (and those cases they can
then typically work that out with the breeder), this is likely an excellent
route for ensuring a good home/etc.  which of course would fulfill what you
assume the desires would be of the deceased.

If it's not that simple of a scenario, and there are other wrinkles twists
& turns you want to talk through, feel free to call me.







Carmen Rowe, Attorney/Owner


Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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On Wed, Jun 20, 2018 at 11:41 AM, Elizabeth Bottman <ebottman at gmail.com>
wrote:

> Yes, does sound like standard breeder language; we have a purebred dog,
> and that is what our contract says. Breeders want to make sure a dog is
> well cared-for in case owner dies, etc. And yes, breeder should have copy
> of the contract which deceased signed.
> Liz Bottman
>
> Sent from my iPhone
>
> On Jun 20, 2018, at 11:13 AM, Melinda Grout <mkgroutlaw at gmail.com> wrote:
>
> I know some breeders do require buyers to agree to return dog if they are
> done with it.  Current probate in which dog needs home, and breeder has
> appeared to collect the dog, with Release of Interest she wants my client
> to sign.  Includes agreement to turn over all vet records, and sign over
> AKC Registration.
>
> We are contacting breeder for copy contract in which deceased agreed to
> this.  Other thoughts or experience with this?
>
> Thanks!
>
> Melinda Grout
>
>
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