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The Purpose and Function of our Puppy Sale Agreements aka Contract

 

Why do I sell my puppies under Contracts?

To put it simply, placing pups under puppy sale contracts is the only way we can legally protect the welfare of our pups, our bloodlines and our exclusive Lykos breeding program. We never aim for it to sound controlling or clinical, but it is the most responsible thing a breeder can do if they are serious about their dogs, bloodlines and what happens to them. 

 

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 latest laws and legal enforcement.

Another important part of the agreement is to protect our exclusive bloodlines from falling into the wrong hands. Under no circumstances will we allow our puppies or bloodlines to end up in a rescue or shelter or used by any unregistered breeder. 

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

If more breeders controlled their bloodlines and took their hobby more seriously, there would be a huge decrease in backyard breeders and dogs ending up in shelters and rescues.

Sadly, there are people in this world who want to breed dogs commercially for money and as a "job". They retain more dogs that they can manage, and ultimately, it's the dogs who suffer.

There are also people who breed dogs in poor conditions, where a breeder will not allow you to visit parents or puppies.  Backyard breeders and puppy mills (puppy farms) fall into this category.  They deceive puppy buyers into buying sub-standard dogs,  who are not raised for the best start to their lives. Puppies get sick and some even die from being raised in poor environments. It's not uncommon for puppies from these places to suffer from temperament disorders too.  We refuse to contribute to this unfortunate, yet very common situation.

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 dog I bred 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.  I care where my dogs end up and will do everything possible to avoid terrible situations.

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, many years of experience, artful and ethical breeding, conformation, 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 our breed, and I take my bloodlines very seriously.  They are the result of 20 years of my hard work, research and own creativity.

I am not a commercial breeder. I do not have kennels and the kind of set up to keep several dogs. It would not be fair on any dog to live in that kind of set up. I do not believe the dogs get a good quality of life in such an environment.

I support all my puppy owners with professional training and advice, gained in over 20 years involved in dogs and am always there to support and mentor them should they need it.

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. 

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

 

"Breeders Terms"

Sometimes, we may sell a puppy under "breeders terms", which is a legally binding part of our contracts. This is very common in the dog breeding world and every breeder has different ways they work their breeding terms.

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

 

We can't keep every pick of the litter puppy in a litter, so breeding terms enable us to place a top quality puppy in a trusted home where we can work together and achieve the next generation of Lykos Wolfalikes.

 

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

 

Some breeders place a puppy for no fee in a home and are expected to have many litters of puppies with the female dog (we do not ever do this!) There are many ways in which "breeders terms" can work, which you can also look up on Google.

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 dogs and  artificial insemination with frozen semen from studs from overseas countries. A lot of money, time, energy and research goes into developing our bloodlines, so we hold them very dear to us.

It's important to note that 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 with everything.  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.

 

We are pretty flexible with our breeding contracts and we always work together with the owner to do what is in the best interests of all parties, including the dog and 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.

CONTRACT BREACHES & LEGALITY

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 enforced them when the loss to us is significant.

 

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. If a VCAT case has attracted media attention or public interest, VCAT may publish the decision. VCAT shares decisions that help explain how they apply the law in different situations. 

Please note: Even though we were substantially successful in this case, our Lykosia contract has been updated since this ruling was made to make it even more 'water-tight' including  but not limited to liquidated damages, removal of "partnership agreement" and replacement with "breeding terms".

Citation Taylor v Walsh (Civil Claims) [2022] VCAT 1448

Taylor (Breeder of "Torvi"/Applicant)

Walsh (Puppy Buyer of "Torvi"/Respondent)

 

Click to View the full Order & Reasons

Summary: The Deputy President presiding over the matter went into appropriate detail about the case.

 

Deputy President stated that the Respondent agreed to buy "Torvi" on terms which would enable Ms Taylor to have one litter of pups from her, not as part of some ambitious money making enterprise, but for the genuine purpose of developing the breed.

Deputy President acknowledged that in breaching the contract, the Respondent caused heads of loss and damage to the applicant (breeder). This included financial loss, loss of reputation, loss of bloodline caused by the Respondent taking out a generation, failure refusal and neglecting to pay the $2,500 outlined in the contract.

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 the $2500 was a conservative, genuine pre-estimate of the damages likely to be sustained for non-compliance.

 

In what the Deputy President called an "appalling and blatant breach of her obligations" under the contract, the Respondent unilaterally desexed Torvi.

Deputy President stated that the Respondent was fortunate that the Applicant did not claim further amounts from her in liquidated damages.

 

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 of $66.30.

 

We are thankful to the Respondent for the immediate and full payment and hope this never has to happen again.

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