When purchasing a Havanese puppy from a reputable breeder, the contract and guarantees included are crucial to protecting both you and the dog. Here’s a detailed breakdown of what to expect, clauses to look for, and red flags to watch out for.
Key Elements to Expect in a Breeder’s Contract
- Health Guarantee
- Included Health Warranty: Reputable breeders often provide a health guarantee covering genetic defects for a specified period (e.g., one to three years).
- No Mandatory Returns: The best breeders will not require you to return the dog in exchange for fulfilling the health guarantee, especially when dealing with illnesses that require treatment rather than rehoming.
- Veterinary Certification: Expect to see a clause requiring a vet check within a set timeframe (e.g., 48–72 hours) after bringing the puppy home to validate the guarantee.
- Return-to-Breeder Clause
- Rehoming Policy: A reputable breeder will require you to return the dog to them if you are unable to keep it, ensuring the dog’s welfare.
- No Abandonment: This clause prevents the dog from being surrendered to a shelter or sold without the breeder’s consent.
- Spay/Neuter Agreement
- Mandatory Alteration Clause: If purchasing a pet-quality Havanese, you may need to sign an agreement to spay or neuter the dog by a specific age, usually before 12–18 months.
- Exceptions for Show Dogs: For show-quality dogs, the contract may include provisions regarding breeding rights and health clearances.
- Waiting List and Deposits
- Waitlist Agreement: Many reputable breeders operate on a waitlist, meaning you may need to wait several months for a puppy.
- Deposit Policy: A non-refundable deposit is common, but the terms should clearly outline conditions for forfeiture or refunds.
- Purchase Terms
- Ownership Transfer: Look for a clause detailing when the puppy legally becomes yours (usually upon final payment and pickup).
- Conditions for Refunds: Understand the breeder’s policy on refunds or exchanges due to health concerns or other unforeseen circumstances.
Specific Clauses to Look For
- Health Testing and Lineage Disclosure
- Ensure the contract references health tests performed on the puppy’s parents, such as testing for hip dysplasia, patellar luxation, and eye disorders common in Havanese.
- Pedigree and registration information should also be included.
- Breeder’s Lifetime Support Clause
- A good breeder will offer lifetime support, providing advice and assistance regarding care, training, and health concerns.
- Right of First Refusal
- This clause ensures the breeder has the first option to reclaim the dog if you need to rehome it, safeguarding the dog’s future.
- Exclusions in the Health Guarantee
- Carefully review any exclusions, such as coverage for minor cosmetic flaws (e.g., mismatched markings) or common conditions that are manageable, like umbilical hernias.
- Dispute Resolution
- The contract may include a clause specifying how disputes are handled, such as mandatory mediation or arbitration, rather than legal proceedings.
Clauses to Watch Out For
- Excessive Penalties
- Be wary of contracts with punitive penalties for failing to meet certain conditions, like spaying/neutering deadlines or vaccination schedules.
- Limited Health Coverage
- Avoid contracts with minimal or vague health guarantees that fail to specify coverage for serious hereditary conditions.
- Ownership Restrictions
- Be cautious of breeders who attempt to retain excessive control, such as requiring you to seek their approval for routine care decisions.
Summary
When purchasing a Havanese puppy, a contract should prioritize the dog’s welfare while protecting your rights as the owner. Expect health guarantees, return-to-breeder clauses, and spay/neuter agreements as standard. Look for clear terms around health testing and lifetime support while avoiding punitive or overly restrictive conditions. A reputable breeder’s contract fosters a lifetime partnership for the care of your Havanese.
Sources:
Havanese Club of America, https://www.havanese.org
American Kennel Club (AKC), https://www.akc.org
Havanese Fanciers of Canada, https://www.havanesefanciers.com
Havanese Club of the United Kingdom, https://www.havaneseclub.co.uk
Canine Health Foundation, https://www.caninehealthfoundation.org