QUESTION
Does a dog breeder have any rights to the dog after the sale?
Asked on Jan 09th, 2014 on Consumer Law - Nevada
More details to this question:
My son bought two dogs from a breeder for $3,000. After driving over 1,000 miles to get the dogs, the breeder had him sign a contract. The contract says he's not allowed to sell the dogs. He must give the breeder the option to take the dogs back but the breeder does not have to pay him for them and he must pay to ship the dogs back. Is any of this legal. To me that would be like paying cash for a car and Toyota saying I can't ever sell it and have to give it back to them for nothing. I can't believe this contract would hold up anywhere. My son said it was not notarized. It seemed to be something she wrote up on her computer and printed it out. He needs to get rid of one of the dogs. Does he have no rights even though he's the legal owner? Any advice is appreciated. If it matters, he lives in Nevada and I believe the breeders were in Washington state.
1 ANSWER
R. Christopher Reade
I have seen provisions in breeders' contracts which prohibit disposition of dogs to prevent (a) abuse of the dogs and to require return of the dog to make sure that it is not sold into untoward circumstances; and (b) any problems with the bloodlines of a lineal puppy. While the provision seems strict, the standard to meet regarding voidability of the clause will likely hinge on whether it was and is unconscionable. You should have the Agreement reviewed by an attorney.
Answered on Jan 09th, 2014 at 11:40 PM