Legal Question in Consumer Law in California

This is a copy of a contract from a breeder of which we are receiving a deaf puppy they intended to have put down (within the first couple of days following birth) if unable to find a home for it.

________ AND ________ GREAT DANES ________, CA Contract and guarantee valid from Date of birth!!

Purchase Price : 40

Breed : Great Dane sex: FEMALE whelped : June 14, 2013

Color: WHITE

Sire: Gen. ________ Brute

Dam: Honey Bee ________

Buyer must spay puppy before her first heat cycle. Seller is not responsible for any vet cost once buyer has puppy. Buyer also agrees that they are not to sale , rehome or take puppy to pound for any reason. The puppy must be returned to seller at buyers expenses. Buyer must not euthanize puppy without prior consent of seller (________) BUYER ACKNOWLEDGES THAT PUPPY IS DEAF AND CAN NOT BE BRED UNDER ANY CIRCUMSTANCES . IF PUPPY IS BRED BUYER WILL FORFEIT OWNER SHIP BACK TO SELLER (________) ALONG WITH ANY PUPPIES CONCEIVED BY BREEDING.

If for any reason the buyer is unable to keep our Dane puppy , it is to be returned to the seller. Under no circumstances is it to be taken to the pound, or SPCA. The seller is willing to take the Dane back. Seller will never give money back under these circumstances . Shipping charges to return the pup to the seller is the responsibility of the buyer. Our dogs are not for resale if caught by Breeder( ________) and or co breeder (_________) there will be a trip to court and a 3000 dollar fee.Both parties recognize that any disputes over this contract must be handled within the jurisdiction of kern county California. The buyer is responsible for any and all court assessed costs to settle the dispute. Both parties also acknowledge that the buyer will pay for any claims for lost wages on the part of the seller as a result of court proceedings.

Full registration:no

limited registration:yes

buyer signature

sellers signature

My concern is the last portion of this contract. Can they legally charge a "fee", as they put it, of $3000 for violating the contract and force the buyer to pay all court costs and loss wages? The puppy is defective and we felt it deserved a chance to live. They didn't want the puppy to live in the first place but agreed to let us have her and are only charging us the cost of the shots and worming.

Asked on 8/15/13, 7:04 am

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

"My concern is the last portion of this contract"

Your concerns should be about the entire agreement. This is a ridiculous homemade piece of garbage. You have the right to make a contract and agree to these things but its ridiculous. Go elsewhere.

Can they legally charge a "fee", as they put it, of $3000 for violating the contract and force the buyer to pay all court costs and loss wages?

YES, You're agreeing to pay that if you breach the agreement and apparently a lot more. If you don't like it don't sign the contract.

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Answered on 8/24/13, 10:37 pm

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