Quantcast

Breeders - Contract Legal Q's

Help Support RabbitsOnline:

Imbrium

Jennifer
Joined
Aug 13, 2012
Messages
6,162
Reaction score
1,120
Location
Houston, Texas
I find this thread very interesting... I've been wondering many of the same things as a starting glider breeder. A LOT of glider breeders have contracts, some very strict, and I question how they're actually able to enforce anything. from a personal standpoint, if I use any sort of contract, I'm definitely going to pick my battles and only include stuff that's truly important enough to me to go through the hassle of enforcing. luckily, with gliders, it's very common practice for any male sold as "pet only" to be neutered prior to sale (they should be sold no younger than 8 weeks of age and most vets will neuter at 8-12 weeks). the sucky thing is that you can't spay females unless it's absolutely medically necessary, which makes selling "pet only" females a bit risky. the good thing is that if someone breaks a "pet only" contract and breeds their female, gliders' genetics are tracked in a database and the breeding community is fairly tight-knit so it wouldn't be terribly hard to make sure the person got a bad reputation and was cut off from using the best selling tactics - essentially, they can get black-balled to the point of having to sell on craigslist and such :p

I definitely plan to only sell male colored gliders (white faced blondes, leucistics and if I get lucky and Tabitha's 50% chance to be a carrier proves out, platinums) as "pet only" - if I sell a female along with them to complete a pair, it'll be standard gray (albeit still with very desirable breeding genetics, since they'll be carriers for the leucistic gene, but much less valuable from a breeding standpoint than the neutered male). it's the best way for me to sell high-end gliders at a steep discount to people who don't intend to breed them. I'd still love a way to have an enforceable contract, though, since if I sell, for example, a leucistic glider and a standard gray (leu het) glider as a "pet only" pair, I'll be selling nearly $1000 worth of breeding gliders for more like $500-550 (technically, $400-450, since about $100 of the purchase price would be spent on neutering the male).

with rabbits, it seems like it would be a lot tougher to make sure they were spayed/neutered since it's not common practice for the cost of being fixed to be included in the purchase price and that's the surest way to make sure it gets done... on the plus side, "right of first refusal" is a lot easier with a rabbit because people don't care about getting their $25 or whatever back the way they care about trying to get some of the purchase price back when they spend hundreds on the pets.
 

zaogirlo5

Active Member
Joined
Jul 25, 2007
Messages
28
Reaction score
6
Location
, ,
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??
Contracts are civil, not criminal. In criminal law your recourse is the State. The State can prosecute at their discretion when a crime is committed. In civil cases, if you are not able to come to a solution with the other party you can only get a remedy (whatever it may be) by filing a civil suit.

I'm not able to give legal advice as a law student. I can't be more specific about a breach of contract hypothetical.
 

BlueCamasRabbitry

Well-Known Member
Joined
Feb 21, 2007
Messages
5,067
Reaction score
9
Location
Thurston County, Washington, USA
Likely, the best way to insure they are spayed/neutered, would be to give them part of their $$ money after proof of speuter. And you can have a clause for a first right of refusal, HOWEVER, those never hold up legally, so pointless, really.

The rest of what you'd like to include, seems very over the top, time consuming, and overbearing. Likely you'll find that many people will read your contract, and search else where for a rabbit with less stipulations.

It sounds like you'd be better off not even offering rabbits as pets, etc. if you would want to have such a strict contract.
 

Kipcha

Well-Known Member
Joined
May 26, 2010
Messages
1,532
Reaction score
129
Location
Calgary, Alberta, Canada
When we adopt out rabbits, we do have a very strict contract (Including things such as if it needs to be rehomed it must come back to us, it must be housed indoors (Indoors meaning inside the house, not in the garage or shed), must be fed appropriatly, etc.) and usually, just having the contract is enough to scare away people that would not take the commitment of a bunny seriously.

But all of ours are rescues and are spayed/neutered before they go out. For a time it came out of my pocket (Although now we are getting some donations, having some fundraisers and it helps) and we do not ask the cost of that back. I feel like I do have the right to be picky and I will not give a bunny to anyone I don't feel is right. I refuse to have any of our buns wind up in a worse situation then what they started in.

We've started getting ours tattooed by our vet as well, so should they ever wind up somewhere else, we'll know. We've thought about microchips as well, but haven't done any as of yet.

Looking into it, a written contract is perfectly enforceable, you just need to have the time and money to commit into it for a breach of contract. We know a few lawyers that would probably volunteer their time for the rescue buns and more likely then not, the cost/hassle of it is probably more then enough to get the rabbit back no problem.

We take our rescues very seriously and fully expect them to be properly cared for. We're in no hurry to rehome them, some of them taking 6+ months to find a home, but if something doesn't feel right we don't rush it. We know they're safe with us, if nothing else.
 

Kipcha

Well-Known Member
Joined
May 26, 2010
Messages
1,532
Reaction score
129
Location
Calgary, Alberta, Canada
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.
I have to say I strongly disagree with you here.

When we adopt out a rabbit (Keeping in mind, we rescue, not breed) I expect the rabbit to stay with the people. We check up on them and make sure that they are being well taken care of.

Our rabbits have, more often then not, been bounced around from home to home and I do see the effects of an unstable home situation on their personality and how they adjust to new surroundings. Rabbits are a creature of habit and enjoy familiarity and their people. The whole point of us taking these rabbits in is so they DON'T get bounced around anymore. If you sign the contract and give me your word that you won't rehome the rabbit without our consent, then I expect it to be done.

Not to mention we do not adopt out to children anymore after some negative experiences. Of course, this is case by case and we will give buns for kids that prove they deserve them, but otherwise, no. Our rabbits are not toys, so I would be extremely upset if it was rehomed to a child, especially a very young one.

We actually just dealt with this situation where one of our recently adopted bunnies went to a home that developed "allergies" and had we not been badgering them for an update, we never would have known that they were planning to give him away to a friend in just two days. To which we promptly demanded him back and by golly, we got back our rabbit. And am I ever glad we did, because it seems like the "friend" wasn't truly commited to getting the little guy, so he probably would have been bounced around more after they got tired of him. It would have turned out badly for that rabbit had we not been checking in.
 

Imbrium

Jennifer
Joined
Aug 13, 2012
Messages
6,162
Reaction score
1,120
Location
Houston, Texas
My pets go on contracts. Not spay/neuter contracts. But they must be indoor pets, and come back to me if their family cant keep them. I always suggest they have their bunnies fixed explaining why its a great idea, i know about 50% have had them done. Here is what my pet people sign. http://royallionsrabbitry.weebly.com/sales-policy.html
I'd just like to say, as someone who purchased pet-quality purebred rabbits from a breeder, I would've been more than willing to sign the contract you use had I been presented with one.
 

Latest posts

Top