Breeders - Contract Legal Q's

[Konotashi]

First off, I apologize if this is in the wrong spot. Seemed like the most fitting place.

So in the likely distant future, I would like to breed rabbits. I want to focus on Holland lops and mini rexes because I love them. And that's the point of where I'm going with this thread - I LOVE THEM.

I wrote up a (very) rough draft of a contract.
The biggest points I make in my rough draft contract are that if I sell a rabbit as a pet, it is to be a pet. Meaning it is to be spayed/neutered by no later than 6 months and is absolutely NOT to be bred.

Second point is that a rabbit is going to its forever home. If they give it to a friend, I will not be a happy camper.
But by biggest, most clear point is that it is NOT to go to the shelter!!!

I saw someone's contract online and I saw that it shows financial liability to the buyer for breach of contract. How's that work? Because if I get into breeding, if they can't keep the rabbit, I want it to come straight back to ME.

Is it safe to microchip rabbits? I want to be a vet tech in the future, and I found that you can order boxes of 25 sterile syringes/chips with the registration cards online. I'm just wondering if chipping rabbits is safe? (Because I know my local Humane society scans every single animal that comes through the doors).

And onto my main question! How does one make a contract legal? Say I sell a rabbit to someone as a pet and they don't get it fixed and my penalty for that is $100. How would I go about reporting the breach of contract, if it's all stated on there and signed by the rabbit's owner?

Do I have to take the contract to a lawyer to have them look at it to make sure there's no loopholes, make sure it's legal.... Or if the owner signs it , is it automatically legally binding? How's that whole process work?
I want to protect my future rabbits.

Sorry for the novel, haha.
If I need to clarify, just let me know. I know it's kind of all over the place. :s

 

[majorv]

Realistically, I'm not sure how much of the above you can legally enforce. If you want your rabbit back, if the buyer can't take care of it, then you need a clause that states you have the right of first refusal (I believe that's the term).

You would need to get advice from a lawyer on how/if it can be enforced, but I suspect your recourse would be small claims court. The more strict you make it the fewer (if any) prospective buyers you'll have...but that might be your intent. If you expect a pet to be spayed/neutered and especially if you're considering a penalty charge, then you need to provide vet names in the area who charge reasonable fees to have it done.

 

[DharmaBuns]

This (among a few other reasons) is exactly why I don't sell pets. I've heard of many cases of people buying "pets" and then going ahead and breeding them. If you don't want your name on a rabbit that you don't want bred (might have a DQ, might be poorly typed, etc) then I wouldn't let it out of your barn - pet or not.

I know that a lot of people have a few rules and most breeders (I think) have the common courtesy to respect those. Things such as: First refusal rights (even if a breeder didn't specify this I'd always give them the first choice), deposit, that a rabbit that leaves your rabbitry must retain your rabbitry's prefix, etc.

The more things that you add on to an adoption contract the less likely you are to have people actually go through with it. People don't like to jump through any hurdles when it comes to getting a pet sometimes even show stock!

 

[OakRidgeRabbits]

There is one thing that's very important for every breeder to become comfortable with if they plan to sell rabbits, regardless of the intended purpose:

You have no control over a rabbit once it leaves your property.

There are no ifs, ands, buts, loopholes or special exceptions.

You can help educate the buyer, make recommendations and even follow up later to ask how things are going. But I would imagine you would spend loads of money and time maintaining and fighting a legal contract.

If spaying/neutering is important to you, the only way to guarantee that it's done is to spay/neuter before the rabbit leaves you.

In general, a breeder's contract is to protect themselves against problems. For example, rabbits must be paid in full before they leave (to avoid stealing). Or rabbits must be X age to leave. Or they are guaranteed healthy for X time (so that they're not held responsible for an illness 6 months later). But it's not realistic to set forth a plan to control the animal after it leaves you.

I do tell everyone who buys rabbits from me that I am more than happy to take them back if things don't work out. A few have come back to me. The others, I am hoping are with their forever homes. But if not- the best I can do is to make the offer.

Don't get me wrong, we all care very much about our rabbits and what happens to them. The fact of the matter is that there is a line where the responsibility of the breeder ends, and the new owner's responsibility kicks in. Those who are not comfortable with that just don't sell their rabbits.

 

[Konotashi]

If a stricter contract means fewer buyers, that's fine by me. Honestly, I would rather have very few good buyers than a ton of crummy ones.

There's a lot of very good spay/neuter clinics in the area that alter rabbits for less than $100. I had Salem neutered for $60, which I find very reasonable. Not to mention, altered rabbits make better pets anyways. But really, there's no way to prove whether a rabbit has been bred or not- only whether it's been altered, which can be proven by sending the breeder (me) paperwork from the vet. Or they can give me the name of the vet/clinic and I can call to ensure the rabbit was, in fact, altered.

I don't want to see my rabbits wind up in a shelter. If they want to rehome the rabbit, I would have to approve the new home first.

I don't think those stipulations are too strict, though.
Have the rabbit fixed by 6 months, which is best for the rabbit's health and for the owners anyway.
Reserve me first right of refusal, because I don't want my rabbits bouncing around from home to home or to wind up in a shelter. Those are my two MAJOR points that I WILL enforce in a contract. (Or try my very hardest to, at the least).

 

[woahlookitsme]

Like others have said there is really only so much you can legally enforce. You might end up spending too much time and money trying to enforce a contract.
You can have things put forth but ultimately the new home bought that rabbit and all rights that come with owning it. If you tried to take a rabbit away because they didn't have it spayed (maybe they didnt have 60 to spend and it is going to be the only rabbit they own) it wouldn't look very good on your part as a breeder.

We are definitely not trying to discourage anything but it really is a fine line of what you can actually control. I have a doe that I sold to a youth breeder for 15 because we did not have anywhere to keep that litter. They were about 3-4 months old and I did not get the chance to properly evaluate them like i normally do. We had 5 in that litter with no extra cages to separate boys and girls. Turns out the boy didnt want to show rabbits anymore, his mom never asked if i wanted the rabbit back. I found out she sold it to someone in lousiana that was using her. Her tattoo was BCA because I bred Beyonce and Chevy together and the babies got the first 5 letters of the alphabet after (BCA,BCB,BCC, etc) Turns out any babies he got out of her he would tattoo BC. . .Its his choice but it really annoyed me because I did that for a reason. I have no control over it. I told him if he didnt want athena anymore to please let me know. Turns out he gave all of his tans including athena away to another girl in louisiana and I am jumping through hoops trying to get that bloodline back. . .
There is really only so much you can do after a rabbit leaves your possession. I thought it would be common courtesy to ask the original breeder if they wanted the rabbit back but not everyone thinks that way and now i am kicking myself for even selling her.

 

[Konotashi]

I know I can talk to my dad about contract details (he's into looking into that sorta stuff) but I was thinking along the lines of implementing a financial penalty. I will be willing to work with some of the buyers (on a case-by-case basis), but obviously, it's something I have to look into a lot more.

 

[DharmaBuns]

There's a lot of very good spay/neuter clinics in the area that alter rabbits for less than $100. I had Salem neutered for $60, which I find very reasonable.

.

Heh, I've checked every vet in my area and each is charging $400 (It's true, I've called quite a few places) so you're lucky.

I think it's great that you would rather weed out the people who are impulse buyers but I'm really not sure that there's any way you could enforce this. As Sarah (woahlookitsme) mentioned, people can promise one thing and do another. By that time, they have bred the rabbit (and not told you) or have sold it to someone else and "can't remember who it was."

 

[Konotashi]

That's when the financial penalties come into play. If they breach the contract, I'll report them to the whoever I need to and the credit bureaus.
I don't know the details of how this all works, but I have a lot of time to research (years) to find out what my rights as the breeder would be, considering the buyer signed a legally binding contract.

 

[ladysown]

to me what it sounds like, is that you want to control what happens to the bunny for the rest of it's life.

Do you really want that long term responsibility?
Do you really want to be hunting people down and finding out what x, y or z did with a bunny from your breeding?

Where does trust come into play?
Where does letting people take responsibility for their purchase come into play?

Seriously...you need to consider this very carefully.

Contracts are basically meaningless. You can't enforce them, not reasonably. And do you really want to spend the money doing so?

You may want to then consider leasing the rabbits. That way you get what you want.... retaining control of the rabbit and where it lives, and having then responsibility of making sure it is cared for well. And the people get what they want... a pet bunny.

But once the bunny is sold, it should be considered the rightful property of the new owners. Not a temporary custody type of situation where they have to do everything you want to them. People have reasons for why they do or do not do things, and shouldn't that be respected?

There are GOOD arguments around for not neutering/spaying whether you agree with them or not. There are good reasons to rehome bunnies sometimes to a friend or a cousin who wants a pet, preferring to move on a well-socialized bunny to a child. It happens. Doesn't mean neglect, just means continued care.

So you'll need to consider carefully... Sell? Lease? How much control to retain? Do you want to get a name as a person who punishes another person for having a different goal in life for the pet that they purchased from you? All things to consider.

 

[Konotashi]

If they want to keep the rabbit intact for personal reasons, then that will be discussed with the individual buyer.
I do know that when I get my German shepherd in the future, I will spay her, but I don't want have it done until after she's 2 years old. I will not breed her, but it's in the breeder's contract that dogs be altered by 18 months. However, she's willing to work with me considering it is my personal belief that it's healthier for females to be spayed after they're fully grown. (2 years).
I will be willing to work with buyers on a case-by-case basis, depending on the buyer, rather than have a cookie-cutter type way of doing things.

But if the Humane Society calls me saying that one of my rabbits was turned in, you can bet yer bottom dollar I'm hunting them down. The HS scans every animal for a chip - dogs, cats, rabbits, birds. Even if they're owner surrenders.

I won't call and check up constantly on every rabbit I've ever sold, but I will have a spot to fill in on the contract for when the rabbit turns six months old and is due to be altered. (Or at the age/date agreed upon). At that time, I will contact the owner for proof of speuter if I have not already received proof.

I am by NO MEANS am expert on the law, but when the time is closer, I'll talk to a contract lawyer and see what my options are. I was just kinda wondering what your guys' opinions would be.

 

[Kristin777]

Unfortunately rabbits are such a different breed to cats and dogs. With my Savannah cat it is in the contract that if I am no longer able to care for her she must go back to the breeder. She was also spayed before coming home to prevent dishonest breeding.
Its a shame the same can't be done with rabbits, it would help so much with population control. You might be able to screen your potential buyers with lots of questions and getting to know them, therefore having a better idea of who you would be trusting with your babies.
A lot of vets that aren't "exotic" vets will charge an arm and a leg for rabbits because they are so small and its risky to put them under anesthetic. There are no local vets in my area, I was being quoted up to $500 for a spay. Luckily a close friend of mine had rabbits and found a vet not too far away that spayed her for $120.
IMO a good owner would want what is best for their pet, and to alter them.

 

[majorv]

If a stricter contract means fewer buyers, that's fine by me. Honestly, I would rather have very few good buyers than a ton of crummy ones.

There's a lot of very good spay/neuter clinics in the area that alter rabbits for less than $100. I had Salem neutered for $60, which I find very reasonable. Not to mention, altered rabbits make better pets anyways. But really, there's no way to prove whether a rabbit has been bred or not- only whether it's been altered, which can be proven by sending the breeder (me) paperwork from the vet. Or they can give me the name of the vet/clinic and I can call to ensure the rabbit was, in fact, altered.

I don't want to see my rabbits wind up in a shelter. If they want to rehome the rabbit, I would have to approve the new home first.

I don't think those stipulations are too strict, though.
Have the rabbit fixed by 6 months, which is best for the rabbit's health and for the owners anyway.
Reserve me first right of refusal, because I don't want my rabbits bouncing around from home to home or to wind up in a shelter. Those are my two MAJOR points that I WILL enforce in a contract. (Or try my very hardest to, at the least).

What you might want to do if you follow through with the contract you're planning is to take reservations/deposits for bunnies before you do a breeding rather than having a litter and then trying to find homes. That way you know each buyer understands the conditions and still wants one.

 

[Konotashi]

What you might want to do if you follow through with the contract you're planning is to take reservations/deposits for bunnies before you do a breeding rather than having a litter and then trying to find homes. That way you know each buyer understands the conditions and still wants one.

Not a bad idea!
Another parallel with cat/dog breeding.

There are actually a lot of clinics around here that will do spays and neuters for under $100. I found one place that will spay buns for $70 with excellent reviews from rabbit owners.
I know most people are wary of clinics, but I've heard great reviews for the places around here, including for the rabbits. (Because I know surgery on a rabbit is different than it is on a dog or cat).

 

[pamnock]

That's when the financial penalties come into play. If they breach the contract, I'll report them to the whoever I need to and the credit bureaus.
I don't know the details of how this all works, but I have a lot of time to research (years) to find out what my rights as the breeder would be, considering the buyer signed a legally binding contract.

The way it works - you would have to pay $$$ and spend time taking them to court for breach of contract. Individuals don't get reported to credit bureaus. How would you enforce the contract? The could sue you for harrassment if you pester them about the rabbit, and it's illegal to enter their property. Personally - if you want to control the future of the rabbit - don't sell. It's impracticle to monitor every rabbit you sell for the span of its life time.

 

[Konotashi]

I would never go as far as going to/entering their property (because even I wouldn't appreciate that, contract signed or not)!
But I WOULD go as far as taking them to court to protect my rabbits. So many people have the mentality that animals are disposable, especially rabbits. That because it's "just a rabbit," there's no way a breeder would enforce a contract. I will fight tooth and nail to prove those types of people wrong and to protect my rabbits. I know of more than a few sugar glider breeders that have taken buyers to court for breach of contract for the same reasons and won.

That's not to say I have anything against people who breed rabbits for consumption, but if I sell a rabbit as a pet, I want it to be treated as such.

I wouldn't monitor each rabbit for its lifetime, but I would keep records on when they're supposed to be altered, which (unless I'm called by the shelter) would be the only reason I would contact a buyer past the sale.

 

[tonyshuman]

Chipping a rabbit is fine. All of mine are chipped, to my knowledge. The shelter here and many others routinely chip rabbits. The process is easy and similar to doing dogs or cats. It's not without pain, but isn't too bad. I don't know if ethically you can keep your contact information on a chip of a rabbit that you sell, since by selling you're giving up ownership of the rabbit.

For altering, I would think about having them pre-pay for at least part of it with a vet you know is good, or charging them a fee + the cost of the surgery when they adopt, and giving them a credit at the vet to have the surgery done. You could then check up with the vet to see if they did the surgery. If it is already paid for, people will be more likely to do it, however it will make your rabbits about 5x as expensive as the average rabbit. I am not sure if you can do anything about non-compliance because as others have mentioned everything would be small claims. The sugar glider people you know who have been successful may have charged more for their animals because they are rarer and usually more expensive. A court is going to go with "fair market price" for a rabbit, which unfortunately is around $25 because there are so many.

If you really want to get involved with getting bunnies into good homes, maybe being a foster parent or working with your shelter or a local rescue would be better. Those bunnies are already altered or sent home with spay/neuter deposits (our shelter will rehome bunnies too young to be fixed on the condition that they pay $75 extra at adoption, which they get back when they bring the bunny back to be fixed when it is old enough), and most shelters/rescues ask that the animal be returned to them if the family can't take care of it anymore. Some adopters provide updates on how the bunnies are doing back to the shelter/rescue, and that can be very rewarding. If you want to be around baby bunnies, being a foster parent is a great idea. That way you get to enjoy seeing baby bunnies, getting them happy homes, and have the rescue organization to back you up in terms of making sure the buns are fixed and well-treated throughout their lifetime. Not even a rescue org with lots of support and clout can make sure every animal they adopt out will have a great life, however, but they can do their very best and may have more success at it than a single breeder operating on their own.

 

[Konotashi]

The price of a glider really depends on the color. They can range in price from $150-$3,000+. I saw someone charging $200+ for show quality rabbits. (But obviously, that's different than pet quality).

I know many sugar glider breeders who take enough gliders in for neuters (because spays are potentially deadly due to their size) and the vet gives them discounts. So maybe I could do that. I'll have to ask about that, but like you said, I'll have to charge more. But that would eliminate worry for me, as well as worry for the new owner, trying to find a vet and worrying about the risks/possibility of losing their bun on the table.

 

[zaogirlo5]

I'm not a lawyer, but I am a graduating law school in a few weeks. I wrote my own sales contract and even having had both Contracts and Contract Drafting in school I found the process time consuming. Anyone can write a contract with whatever conditions they want. That doesn't mean the terms will be legally enforceable. I think more breeders need sales contracts. But I also think a lawyer should be the one to do the drafting. You can have a lawyer draft a boilerplate template that you modify for each individual sale.

All that being said, remember that if someone breaches the contract you are only going to see a remedy for damages if you sue. Do you really want to do that? Is it worth it?

 

[ladysown]

if someone breaches the contract you are only going to see a remedy for damages if you sue.

what exactly does that mean?

Does that mean if you sue for breach of contract for not neutering the rabbit that you get the rabbit back? or they are forced to spay? what does that mean??