Okay. I was wondering can breeders really enforce a spay/neuter contract?
I have heard from both sides. I'm just stating what I've been told. Don't get mad. I'm asking because I want to find out the truth from other breeders and legal people even. I'm simply asking a question.
I have heard that the contract can be held in court and that the breeder has every right over that dog because they are the breeder. If you sign the contract you have to honor all parts of it and the breeder still holds some ownership of the puppy and what happens to the puppy in their future. That even though I bought the dog the breeder has rights over the dog because it is from her kennels. The bloodline is her property so she has rights over the dog and me.
However, I have also heard from people that spay/neuter contracts are civil contracts that are simply an agreement between the buyer and the breeder, and that THEY DON'T HAVE ANY LEGAL STANDING.
The reason people have told me is that once a dog is sold, it is sold, case close. These people state that legally a breeder can't make restriction on the dog because: a dog is considered property, under all extents and purposes. Having restrictive contracts on property you will own is illegal. If you buy it and they sell it their control and ownership end once they take the money and hand over the puppy.
I've heard that once a breeder sells the dog WHETHER YOU SIGN A CONTRACT OR NOT, the breeder:
1. can not make any future decisions for the dog or what you do with the dog once you buy it.
2. cannot withhold the AKC papers, for any reason, if the dog was to be sold as a AKC dog with the papers therefore the breeder must give them to the buyer or face consequences, such as a lawsuit for not giving you your property that you paid for.
3. cannot demand or require the rights to your dog at any time or reason including, using your dog for future breedings to their dogs and keeping the puppies. You have the right to decide to breed the dog and you have the right to compensation for your dog's services, a stud fee, or the right to keep all puppies if your dog is the female unless you come to an agreement.
4. cannot require you to return the dog to them once you buy it because they can't take the dog back once it is sold to you. The dog is your property and you can do with it what you want. The breeder can suggest that you can return it if you are no longer able to keep it but they can't mandate it.
5. has no power! Once they take the payment and hand over the dog, it is now your property. A dog is property just like a car, or anything else you buy and once you buy it you obtain all rights and control over it as the owner of it. And new owner have all legal rights and standings to their new dog and the breeder has zero power over you or the dog or what you do with it.
6. cannot sue for or demand damages if the dog is bred or something happens because, the dog is YOUR property and damages can only be claimed on something that IS THEIR PROPERTY. And that bloodlines cannot be considered thier property because once they handover the puppy they agreed to give full ownership to the buyer, including the puppies bloodline, papers, and anything else related to the dog. The bloodline is something that tells the history of the dog, holding no true value, and therefore cannot be patented or have a value to it; therefore, still no damages can be claimed.
7. cannot demand the dog back for any reason. The dog is your property once paid for and they cannot demand the dog. They cannot take the dog from you and if they do they can be sued for the full value paid for the dog or be prosecuted legally for thieft of property and if the buyer paid over 1000 for the dog, the breeder can be sued for the dog to be returned and face "federal charges" for grand thieft because the dog is valued over 1000 if that is what the buyer paid for the dog and can provide proof. If the breeder takes it, they can be charged and face severe federal penalties for stealing property.
Okay this is the arguements I've heard and I'm just wondering which one is right? I mean I want to get a puppy and I want to know if I have to honor the contract or if like the other people are telling me once the breeder takes the money the dog is now my dog and the breeder has no legal control over what I do with the dog. I'm just wondering because I want to know what are my true rights when I buy the dog? I want to know who is right? please help. I want to be prepared when I decide to buy a dog I really want and know what to do if the breeder throws a contract at me. I want to know my rights.
Thank everyone for your time.
Answers from people that have dealt with this issue are REALLY appreciated. :)