The Purpose and Function of our Puppy Sale Agreements/Contract

 

Why do I sell my puppies under Contracts?

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To put it simply, placing pups under puppy sale contracts and sterilising puppies is one of the ways in which we can legally protect their welfare and our breeding program to develop our lines and the Lykos breed. We have been using our contracts for 20+ years - with great success. They are also updated from time to time to keep in line with the most recent laws. Their sole purpose is to protect the welfare of puppies, our breeding program and the buyer. It also provides health and genetic guarantees.

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Unlike many breeders, I am not a commercial or designer dog breeder who breeds dogs for money. Breeding is the art of developing bloodlines to a proper standard. Responsible breeding is not just a case of breeding two dogs together, regardless of whether health testing has been done. It comes from high standards of husbandry, years of experience, selective breeding with consideration to conformation (structure), movement, temperament and behaviour, health and correct balance and type. It's a very intricate and expensive hobby!

 

As a breeder, I am a protector and improver of the breed and I take my bloodlines very seriously. I want to breed the best quality puppies I possibly can. My breeding program has required immense dedication and hard work and I have spent a lot of money developing my bloodlines, so I am fiercely protective of them.

 

At Lykosia, we believe it is our duty to prevent unwanted litters, which contribute to the rising number of dogs in shelters and rescue facilities.

 

Additionally, we are wary of selling intact pups, due to the risk that puppies may fall into the hands of irresponsible owners, backyard breeders or puppy farms, which commonly results in physical and emotional damage to animals. Unfortunately, we have experienced the consequences of this in the past.

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We never aim for our contract to sound controlling or clinical, but we love our dogs and are serious about their welfare and our bloodlines and what happens to them. 

 

There are people in this world who breed dogs in poor conditions, especially where a breeder will not allow you to visit parents or puppies. This is a huge red flag to be aware of! Puppies get sick and some even die from diseases that accumulate in poor environments where people own a lot of dogs.  Sadly, there are people who breed dogs commercially for money and animal welfare falls by the wayside as they collect dozens of dogs. Ultimately, it's the dogs who suffer. We have seen the reality behind some breeders with what they present to the public on social media being nothing like the reality of how their dogs are really kept and treated. This is something we are very passionate in spreading awareness about.

 

If more breeders controlled their bloodlines and took their hobby and responsibility more seriously, there would be a huge decrease in backyard breeders and dogs ending up in shelters and rescues. We refuse to contribute to this unfortunate, yet very common situation.

 

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​​​If an owner is unable to keep their puppy, we will find it another suitable home or the puppy must be returned to us to find it the best and most suitable home.

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​​If by any chance, a pup of mine is abused, mistreated or dumped, the contract allows me to legally remove the puppy from that environment and back into my care.  If there was no contract, I would have no right to take the pup back and find it the best and most appropriate home. I care a lot about each dog I bring into this world – for its entire life.

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​​​When I provide families with my puppies, I also trust that they will always represent the breed with pride, whilst respecting the hard work that has gone into creating them.

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Most of all, I trust people to do the right thing, give their puppy the very best life possible, by also promoting the breed positively by training and responsible pet ownership and making the dogs an integral part of their family!

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"Breeders Terms"

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Sometimes, we may sell a puppy under "breeders terms". This is very common place in the dog breeding world. Every breeder has different ways they work their breeding terms.

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Some puppies who have the right colour, conformation and temperament are assessed as they grow and may prove to be beneficial to the development of the breed. We can't keep all the best puppies, as we already dedicate a lot of our time and efforts to our own 5 dogs.

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Breeding terms enable us to place a top quality puppy in a trusted home where we can work together and achieve the next generation.

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Puppy owners may elect to let us raise a litter from their dog, whereby they get refunded any expenses and their purchase price (not very common), but more often than not, we mentor and assist buyers who we feel are trustworthy and up to the challenge and responsibility of raising a litter in their own home.

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Some breeders place a puppy for no fee in a home (guardian terms) and the breeder expects them to have several litters with the female dog. We never do this! There are many ways in which "breeders terms" can work, which you can also look up online . Working as a team with any puppy owner whose puppy is on breeding terms is favourable to the owner from the view that they assist us to develop the breed, but also get paid very well for this.

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We put a lot of trust in people who have our precious bloodlines. Breed development is something we take very seriously and we are very passionate about. We have spent so much money on this hobby over the past 20+ years, including importing influential studs from overseas, as well as frozen semen. A lot of money, time, energy and research goes into developing our bloodlines, so we hold them very dear to us. They are our legacy.

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We can only assess breeding quality after dogs are health tested at between 12-18 months old and we determine whether dogs have the right temperament for the breed. We want our puppy owners to feel they can be honest and transparent with us in relation to contracts, just as we are.  Not all puppies on "breeders terms" develop into the ultimate breed specimens and it may be decided later that they are better off being desexed pets instead.

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We are very fair with our breeding contracts and we always work together with the owner to do what is in the best interests of all parties, most importantly, the dog and the development of the breed. ​People who purchase puppies on "breeders terms" are expected to be honest and comply with our contracts, as they are a legally binding agreement. We have our contracts in place for the best interests of the dogs and the development and progression of our special blood lines.

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Why do I have to desex my pet by a certain age?

Unless otherwise agreed in writing to extend the timeframe for desexing, it's generally not in the dog's best interests to be left 'entire' if not planning to breed. Un-desexed dogs can develop of cancer, plus females can develop pyometra, an infection of the uterus which can be expensive to treat, but also be fast-acting and result in death. There can also be problems with hormones negatively impacting behaviour, accidental litters and dogs escaping or getting injured trying find a mate (hormones can be a very strong thing!).

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In addition to the above reasons, in all honesty, as a breeder, we want you to enjoy your dog and don't want to have to keep asking for desexing certificates, if it's not done at the agreed time. It helps us be able to manage our puppies and our bloodlines, knowing that we don't have to worry about anything untoward happening to them.

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CONTRACT BREACHES & LEGALITY

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Some people believe dog breeder contracts are not worth the paper they are written on. A contract is only worthy if the breeder is willing to enforce the contract. Being so passionate about our dogs and breeding program, we have  been successful in enforcing them on a few occasions now.

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One of our cases was set as a binding precedent under the Victorian Civil and Administrative Tribunal (VCAT) whereby it was considered enough of a high profile case that it is listed on Australasian Legal Information Institute website.

 

Case Summary: The Deputy President presiding over the matter went into detail about the case. Deputy President stated that the Respondent (buyer) agreed to buy the puppy on terms which would enable the breeder (us) to have one litter of pups, which the Deputy President stated was not as part of some ambitious money making enterprise, but for the genuine purpose of developing the breed.

 

The buyer made many excuses not to x-ray the dog to assess the dog's breeding suitability. The dog was finally x-rayed after we had to step in and make the appointment, a long time after they were due. The buyer also made excuses such as the dog had not come into season for several years, which was unlikely. We paid for a reproductive specialist to examine and test the dog, which was found to be totally normal. Shortly before mating, the buyer went and desexed the dog behind our back, further breaching the agreement.

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Deputy President acknowledged that in breaching the contract, the buyer caused heads of loss and damage to us. This included (1) financial loss, (2) loss of reputation due to the persons involved and what they posted on social media, (3) loss of bloodline caused by the Respondent taking out a generation, and more.

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Deputy President stated that the Respondent went to entirely "superfluous issues in which she attempted to justify her conduct". He also stated that he was satisfied that $2500 was a conservative, genuine pre-estimate of the damages likely to be sustained for contractual non-compliance.

 

In what the Deputy President called an "appalling and blatant breach of her obligations" under the contract, the Respondent unilaterally desexed the dog, a female sold under breeding terms.

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Deputy President stated that the Respondent was fortunate that the Applicant did not claim further amounts from her in liquidated damages. This will never happen again and liquidated damages will be sought should anything like this occur in the future.

 

Deputy President closes by saying the Applicant substantially succeeded in the proceeding and accordingly in addition to the $2,500 required to be paid to the Applicant, the Respondent must also reimburse the filing fee to the Applicant. We are thankful to the Deputy President of VCAT who presided over this matter, who saw it for exactly what it was. A deliberate breach by tainted and selfish parties who wish to harm our breeding program and legacy.

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We are thankful to the Respondent for the immediate and full payment and hope this never has to happen again. Court cases and civil action is a nightmare to go through, but is necessary for us to protect all that we have worked so hard for over so many years.

 

Sadly, there have been a few instances in the past 4 years where people have selfishly and deliberately broken their contracts and harmed our exclusive bloodlines. where we ended up having our contracts enforced. If anyone sees anything or is ever contacted by strangers stating untrue or negative things about about us, please let us know. We take these incidents very seriously.