From The CC Vault: The Contract, Nipped in the Bud – Not in the Butt

By Debra Vey Voda-Hamilton, Esq./Mediator

Last month’s column talked about contracts and asked the following four questions:

1.) Did you read the contract you entered into with your breeder, buyer, leaseholder, handler or even the show superintendent?

2.) If you read the contract, did you understand all the terms and responsibilities enumerated and required?

3.) Do you want to maintain a good relationship with the person/people with whom you have contracted?

4.) How do you resolve a disagreement that arises out of the contract?

This month’s article will look at contractural language and why being clear and brief may save relationships.

When writing a contract, especially as a breeder, keeping your finger on the pulse of this puppy you have raised for 8-12 weeks is important to you. Contracts, usually written by the breeder, often contain clauses directing the new owners on diet, activities to refrain from/participate in, and vaccination protocols. It also delineates the promises made regarding show responsibilities and retained breeding rights. These contracts are not reviewed by a local attorney. If they are reviewed, the attorney may not understand the terms included or the reasons behind certain clauses. They may advise against certain contractual clauses, but leave them in at the breeder’s insistence. It’s a conundrum attorneys face when they know their client wants to include something which may not be enforceable or could be enforced but at a great cost to all (except the attorney).

If you are writing a contract, there are 4 Pre-Conditions you need to consider:

Communication: Whatever terms are written into the contract, you must keep the ability to communicate open. People become embroiled in litigation because they feel they were never told, they were told but misunderstood the reality of the situation, or feel unheard. Many cases are fought over who is right, when in reality they are both right. At the time the contract was entered into, all parties believe they understand one another. Time degrades memories. Enabling a conversation that is not adversarial can save the relationship.

Enforceability: Make sure you have your contract reviewed by an attorney. A number of terms you may want to include might not be enforceable in your state. Those terms that are enforceable may not be in the best interests of the dog. All these questions must be addressed at the time of the contract. If questions arise after execution, refer to the paragraph on communication.

Terms aka The Got to Have/Nice To Have Language: Many breeders subscribe to the kitchen sink-method of contract drafting, putting every possible eventuality in just in case you might need it. It may be better to think about what you really want to put in the contract. Then, after you find out it can be enforced, see if what you require/sign is possible for you to monitor/meet. Contracts that require major oversight are difficult. How do you assure a dog is kept in a fenced yard, eats a certain food, or goes to handling class? This is hard to monitor if the breeder & owner live a few state lines apart or even in the next town.

When writing contract terms remember KISS, Keep It Simple Stupid. Put in terms you absolutely need. Make sure both sides understand their responsibilities. Build in periodic check-ins to assure the original understanding is maintained effortlessly for the life of the relationship. Impossible you think? Not if the terms are short, well thought out and each party reads, understands and commits to the terms.

Relationship: This is probably the single most important part of the contract pre-conditions. It is something each party has to WORK at for the life of the contract, the dog and beyond. Just because you are the breeder, you don’t have carte blanche to dictate/deny things an owner needs/wants to do because you had them agree to do/refrain in a contract. Just because you are the owner, you do not have the right to ignore/force terms you agreed to do in that very same contract. Recognize that respectful relationships make better fields for contract negotiations than the barren deserts of litigation.

Short URL: http://caninechronicle.com/?p=260907

Posted by Liz on Apr 19 2023. Filed under Current Articles, Featured. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.