Do I Need a Contract Before Getting My New Puppy?

Finding your new best friend should be exciting! Working with a responsible breeder can help make your dog search a rewarding experience. Once you’ve started the process of finding the right breeder for you, you’ll want to start thinking about entering into a written contract. This is not always easy to navigate, so we’ve created a guide to help you through the contract process, and highlighted all the important things you should look out for before you sign.

Why should I have a written contract with a breeder?

We often think of contracts as cumbersome, and at times intimidating, official legal documents. But they don’t have to be! A written contract is the best way to ensure protection and understanding for both you and your breeder. Breeder contracts are specific to each individual breeder, and sometimes to each puppy.

The goal of a written contract is to preserve the original terms of the agreement you’ve entered into with your breeder, and ensure both parties are on the same page about the responsibilities that you're both taking on. As a buyer, you should read the terms of the contract carefully and always ask the breeder questions about any clause you do not understand before signing the contract. It is often very difficult to make changes to a contract or contest any of the terms after the document has been signed.

What if my breeder uses digital contracts?

A digital or e-contract is simply a written contract in electronic form. Your breeder may use e-contracts instead of a paper contract, because they can be just as effective as paper contracts, and much more convenient for both you and your breeder. In fact, breeders now have the option of using e-contracts on Good Dog. As with a paper contract, make sure you read and understand all terms before signing or transferring funds. If your breeder uses e-contracts, you’ll need to add a digital signature or an “e-signature.” An e-signature is legally binding and just as secure as a handwritten signature. Once you have both signed, you’ll receive a fully executed copy via email for your records.

What should I do if my breeder doesn’t use written contracts?

Not all breeders use contracts. Ultimately, it is up to you, the buyer, to decide whether or not you feel comfortable moving forward with a puppy without a written contract. Having a contract in place is the best way to protect you, your new pup, and the breeder. Keep in mind that it’s difficult to prove the existence of a verbal contract and its terms. However, if you do choose to move forward without one, you’ll want to make sure that all your questions are answered, and you both feel comfortable about what you’re agreeing to. You should be able to have an open conversation with your breeder to discuss what both of you expect from one another. You might ask if it’s possible to write up an agreement or some form of written documentation (i.e. email or letter) to confirm the agreed-upon terms. If you do not feel comfortable without a written agreement, this might not be the right arrangement for you. At the end of the day, you and your breeder have to be the right fit for each other.

When should I sign the contract?

You and your breeder should generally sign a contract before any money is exchanged and before taking your pup home. It is best practice for both parties to be aware of the terms before money is sent or received. Keep in mind that every breeder’s policies will look different. Some will use a deposit agreement or a waitlist agreement; others will include everything in the final contract. If the breeder is asking for a deposit, you might consider looking for a preliminary written agreement (one that outlines the terms of any money paid) before putting down your deposit, and then signing a contract before your final payment. The most important thing is that you are comfortable with your breeder, their policies, and the obligations you’ll both have before signing a contract and/or exchanging money. 

What should I look for in a contract? 

Each breeder's contract is unique, but there are some commonalities many breeders will use. You might consider looking for the following clauses:

The basics. At a minimum, your contract should include the basic terms of your arrangement, including take home date, price of the pup, and whether or not you have a specific pick of the litter.

Payment policies: Deposits, waitlists, and refunds. Deposits, waitlists, and refunds. Many breeders will require an initial deposit on a dog to hold them until they can come home with you. You will want to look for the terms of any deposit required — is the deposit refundable, or non-refundable? (You can learn more about deposits here.) Can it be applied to the cost of the dog? Can it be applied to a future litter?

All parties should exchange deposits or payments through the Good Dog platform, so your payment is 100% secured by our bank-grade technology. Additionally, when you pay through Good Dog with Protection & Support, you get free access to Good Dog’s online Puppy Training Program and dedicated support from our team of in-house experts. While it is up to you and your breeder to decide on the details of payment, keep in mind paying and communicating through Good Dog versus third parties is the only way we can protect our community from fraud, scams, and other security issues. 

Whatever payment method you choose, you should fully understand a breeder’s policies around payments, including whether payments are refundable or not, and consider adding these details into a contract before exchanging any money. 

Health guarantee. A contract might include details around the health and heritable conditions that may affect the longevity of a dog. Some breeders may choose to guarantee certain health conditions for the first one to two years of their life, for example. Other stipulations could include you agreeing to provide prompt veterinary care for any issues, or even providing the breeder with diagnoses or a necropsy at the end of their life.

Restrictions on transferring ownership. Because many breeders are invested in the well-being of their puppies for life, contracts will often include language around the ownership of your puppy throughout their life. Whether or not you can transfer ownership of the puppy could apply down the road for a number of reasons, including in the event that you become unable to care for the dog. This clause might outline what will happen in those situations, and may specify that your breeder will take the dog back or help you to responsibly re-home the dog.

Spay and neuter. Your contract may include language requiring you to spay or neuter your dog. Some breeders may provide a suggested time frame for spaying or neutering. 

Additional clauses will vary depending on the breeder. Some breeders have very detailed contracts, while others have more basic contracts.

Other things you may look out for include: any terms in the contract outlining circumstances that would render the contract void (no longer binding or enforceable), as well as what might be considered a “breach” of the contract. You might also watch for additional specifications around care and nutrition.

What does Good Dog require in a contract?

For the most part, Good Dog defers to breeders to set their own policies, though we do require breeders in our community to adhere to our Community Standards and Breeder Code of Ethics. Most breeders have policies in place that they feel work best for their specific puppy programs. This is a factor you might consider when evaluating if you and your breeder are a good match. We encourage you to work with a breeder who uses policies you’re comfortable with. 

We ask that breeders and buyers both treat each other with respect and are transparent with one another. If you and your breeder feel you are a good match, we encourage you to work together on an agreement, whatever that may look like for you.