Your Dog — November 2017

http://www.yourdog.co.uk Your Dog November 2017 63

Pet law can

seem like

a minefi eld!

Q

I bought a dog

from a breeder

with endorsements; can

I get them lifted?

A

If you’re intending to buy

a dog, please make sure you

read any contract the seller may

ask you to sign. If you don’t like

what’s being proposed or don’t

understand it, you should walk

away — don’t buy the dog. There

are two usual endorsements:

progeny not for registration, and

not for export. Generally, if there is

a signed contract, the Kennel Club

is unlikely to lift the endorsements.

If the breeder states that they

will lift the endorsements if certain

preconditions are fulfi lled (for

example, passing some health

tests), but then refuses to lift them,

and the Kennel Club won’t agree to

remove the endorsement, a claim

can be brought for ‘specifi c

performance’ seeking a court order

to compel compliance with what the

breeder agreed. ▼

Q

I am a responsible

breeder and put a clause in

all my contracts that the buyer

must give the dog back to me.

Is it enforceable?

A

If there is a breach of contract by the

buyer — for example, they give or

sell the dog to someone else — then you

may be able to pursue a claim for damages.

However, most good breeders aren’t

interested in the money and simply want the

dog back. In most cases, this isn’t possible to

achieve, as this kind of clause is unlikely to be

enforceable against someone who has got

the dog in good faith.

Discuss paperwork

with your breeder.

Before buying

a puppy, check the

contract carefully.

62-64 yd legal MJ SWCC.indd 63 22/09/2017 12:14