Dog Contracts - A Breed Apart

I’m involved in a new site that is just getting some feet at www.dogcontract.com - the premise is obvious. 

For some reason, there seems to be a dearth of commercially available dog contracts. This isn’t a “make money” proposition. Instead, the aim is to promote responsible dog ownership.

Breeders must look out for several things when working with a prospective buyer. This post is intended to touch on some basic legal elements. First off, the entire agreement with the buyer should be in writing (the contract!).

In business law, the ”NOM” clause is everwhere. “NOM” stands for No Oral Modification. This means that whatever is written in the document is controlling. In fact, the existence of such a clause can entirely preclude a party from introducing evidence of an outside oral agreement.

Generally speaking, a party can only enforce what is written in the contract. This means that the contract should not be unambiguous and it should represent every aspect of the parties’ intent completely. When an ambiguity does exist, courts generally interpret the clause in favor of the party who did not draft the contract—meaning, in most cases, the buyer.

Some dog contracts floating around on the internet require the buyer to provide affection and exercise, never use a shock collar, provide RAW food, etc. These clauses are probably NOT legally enforceable. That isn’t the point though. These clauses help define the relationship at the outset set forth  how the breeder wants the puppy treated.