DATE:
Buyer:
Seller: Barbara A Peterson
Email for information. I have limited time for phone calls.
scwt.cwc@gmail.com ( check the SCWT Club of America or CWC Club of America web site for changes in address, phone, or email)
Dame:
DOB :
Sire:
DOB:
Breed:
Date of Birth:
Call Name: Determined by buyer
Registered Name: Vermilion‘s (named by me when the dog is registered)
Breeder: Barbara & Steven Peterson
Litter/Dog Registration number:
Purchase price:
Transportation: All transportation of this dog will be provided by the buyer.
“COMPANION DOG” means the dog is sold as a pet rather than for breeding or show. No warranties or guarantees, expressed or implied are made under this contact except as stated below. The parties to this agreement submit to the jurisdiction of the courts of the state of Minnesota and venue in the county of Rice for any dispute arising under this agreement, or the breach thereof. All buyers be advised that the MN Puppy Lemon Law applies to this sale. The statute is attached to this document as per the laws of the State of MN.
1. The dog is a purebred. The pedigree is correct to the best of my knowledge and is attached. The AKC papers will be sent to you upon receipt of proof that the dog has been spayed or neutered. AKC papers will be issued as a “limited” registration. This means that the offspring of this dog can not be registered and in no way impacts your ownership of the dog itself.
2. HEALTH The buyer/owner shall have the option to return the dog to the seller/breeder and obtain a full refund of the purchase price paid upon either of the following conditions:
a)
If the dog is returned to the seller/breeder within two business days following the delivery of the dog to the buyer/owner and certification by a licensed veterinarian is concurrently provided to the seller/breeder stating that the dog is not healthy or as represented herein.
b)
If, prior to the dog reaching 12 months of age, a licensed veterinarian certifies that the dog has hereditary crippling or fatal defects which would render the animal useless as a companion, provided the breeder's immunization schedule is followed.
The buyer/owner shall have the right to select the veterinarian and shall be responsible for the corresponding fees and expenses. The veterinarian’s certification shall specify the defects found.
You must get prior written authorization from the seller to euthanize this animal under the provisions of the contract. If the animal is not euthanized it must be returned to the seller to receive any consideration for or refund. Cost of return transportation to be born by the buyer.
The buyer/owner will notify the seller/breeder of any and all major health problems that occur throughout the dogs life time. I don’t need to know if your dog get ear mites at the kennel but I do want to know of conditions which might impact the entire breed. IF in doubt let me know. This is how I adjust my breeding program to produce the healthiest dogs possible.
The buyer/owner must maintain annual vet checks for the dog and keep all suggested immunizations up to date.
3. TRANSFER The animal my not be transferred to another owner or euthanized without prior written consent of the seller. The first right of refusal goes to the seller/breeder. The only exception would be in the case of trauma or sudden illness for which it would be reasonably felt to be inhumane to allow the animal to suffer. I am not in favor of extreme measures to save an injured or extremely ill dog. The comfort and quality of life for the animal are the major concerns.
If at any time you find you are unwilling or unable to keep this dog I will take it back.
If you desire to transfer him to a new owner you may not transfer him to:
a)
A pet store (retail or wholesale) or other person (s) engaged in the business of selling dogs and/or any other animals.
b)
Anyone holding a USDA license for the sale of any animal
c)
Any person who intends to resell the dog
d)
Any person who intends to breed this dog with any other dog without prior written authorization from the seller/breeder.
4. TRAINING The buyer agrees to complete an eight (8) week obedience school with in one year of the date of sale. Preferably as soon as the course is offered in your area. The sooner the better for the dog and the family!
5. NEUTERING The animal will be neutered at or after 12 months of age. Failure to do so will result in the dog being reclaimed with no reimbursement. The breeder suggests you wait for one year to neuter your dog.
6. HOUSING The buyer agrees to provide adequate housing and shelter for the animal. The buyer is aware that the greatest safety for the dog is achieved when the dog is confined to a fenced yard or kennel run while out of doors and that collars may and do strangle a dog left on a rope or chain. The dog must be restrained while out of doors at all times and with due care.
The buyer agrees to provide a crate (wire or plastic) for the dog. It is advised that while the dog is left alone he be confined to his crate for his safety.
7.The seller/breeder agrees to assist the buyer/owner in any way possible with all questions relating to this dog.
Signed:____________________________________. Date:_________________
Barbara A Peterson, seller/breeder
Signed:_____________________________________ Date__________________
purchaser/owner
325F.791 SALES OF DOGS AND CATS.
Subdivision 1. Disclosure. Every pet dealer shall deliver to each retail purchaser of an
animal written disclosure as follows:
(a) The name, address, and USDA license number of the breeder and any broker who has
had possession of the animal; the date of the animal's birth; the date the pet dealer received the
animal; the breed, sex, color, and identifying marks of the animal; the individual identifying
tag, tattoo, or collar number; the name and registration number of the sire and dam and the
litter number; and a record of inoculations, worming treatments, and medication received by the
animal while in the possession of the pet dealer.
(b) A statement signed by the pet dealer that the animal has no known health problem, or a
statement signed by the pet dealer disclosing any known health problem and a statement signed
by a veterinarian that recommends necessary treatment.
The disclosure shall be made part of the statement of consumer rights set forth in subdivision
10. The disclosure required in paragraph (a) need not be made for mixed breed animals if the
information is not available and cannot be determined by the pet dealer.
Subd. 2. Records. The pet dealer shall maintain, for one year, a copy of the statement of
consumer rights delivered to the purchaser.
Subd. 3. Registration. A pet dealer who represents an animal as eligible for registration
with an animal pedigree organization shall provide the retail purchaser, within 90 days of final
payment, the documents necessary for registration. If these documents are not received from the
pet dealer, the purchaser may retain the animal and receive a refund of 50 percent of the purchase
price, or return the animal, along with all documentation previously provided, and receive a full
refund. The pet dealer shall not be responsible for delays in registration which are the result of
persons other than the pet dealer.
Subd. 4. Health. No animal may be offered for sale by a broker or pet dealer to a retail
purchaser until the animal has been examined by a veterinarian. The veterinarian used by the
broker shall not be the same veterinarian used by the pet dealer. If the pet dealer is not the breeder
of the animal, each animal shall be examined within two days after receipt of the animal by a pet
dealer and within four days of delivery of the animal to the purchaser by the pet dealer. The cost
of the examination shall be paid by the pet dealer.
Subd. 5. Responsibilities of purchaser. To obtain the remedies provided in subdivision 6,
the purchaser shall with respect to an animal with a health problem:
(a) Notify the pet dealer, within two business days, of the diagnosis by a veterinarian of a
health problem and provide the pet dealer with the name and telephone number of the veterinarian
and a copy of the veterinarian's report on the animal.
(b) If the purchaser wishes to receive a full refund for the animal, return the animal no
later than two business days after receipt of a written statement from a veterinarian indicating
the animal is unfit due to a health problem.
With respect to a dead animal the purchaser must provide the pet dealer a written statement
from a veterinarian, indicating the animal died from a health problem which existed on or before
the receipt of the animal by the purchaser.
Subd. 6. Rights of the purchaser. If, within ten days after receipt of the animal by the
purchaser, a veterinarian states, in writing, that the animal has a health problem which existed
in the animal at the time of delivery, or if within one year after receipt of the animal by the
purchaser, a veterinarian states, in writing, that the animal has died or is ill due to a hereditary
or congenital defect, or is not of the breed type represented, the animal shall be considered to
have been unfit for sale at the time of sale.
In the event an animal dies due to a health problem which existed in the animal at the
time of delivery to the purchaser, the pet dealer shall provide the purchaser with one of the
following remedies selected by the purchaser: receive an animal, of equal value, if available, and
reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original
purchase price of the animal; or receive a refund of the full purchase price.
In the event of a health problem, which existed at the time of delivery to the purchaser,
the pet dealer shall provide the purchaser with one of the following remedies selected by the
purchaser: return the animal to the pet dealer for a refund of the full purchase price; exchange the
animal for an animal of the purchaser's choice of equivalent value, providing a replacement is
available; or retain the animal, and receive reimbursement for reasonable veterinary fees, such
reimbursements not to exceed the original purchase price of the animal.
The price of veterinary service shall be deemed reasonable if the service is appropriate for
the diagnosis and treatment of the health problem and the price of the service is comparable to
that of similar service rendered by other veterinarians in proximity to the treating veterinarian.
Subd. 7. Rights of pet dealer. No refund, replacement, or reimbursement of veterinary fees
shall be required if any one or more of the following conditions exist:
(a) The health problem or death resulted from maltreatment, neglect, or a disease contracted
while in the possession of the purchaser, or from an injury sustained subsequent to receipt of
the animal by the purchaser.
(b) A veterinarian's statement was provided to the purchaser pursuant to subdivision 1,
paragraph (b), which disclosed the health problem for which the purchaser seeks to return the
animal.
(c) The purchaser fails to carry out recommended treatment prescribed by the examining
veterinarian, pursuant to subdivision 1, paragraph (b).
Subd. 8. Contest. (a) In the event that a pet dealer wishes to contest a demand for the relief
specified in subdivision 3 or 6, the pet dealer may require the purchaser to produce the animal for
examination or autopsy by a veterinarian designated by the pet dealer. The pet dealer shall pay
the cost of this examination or autopsy. The pet dealer shall have a right of recovery against the
purchaser if the pet dealer is not obligated to provide a remedy under subdivision 6.
(b) If the pet dealer does not provide the relief selected by the purchaser set forth in
subdivision 3 or 6, the purchaser may initiate a court action.
(c) The prevailing party in the court action shall have the right to recover costs and
reasonable attorney fees not to exceed $500.
Subd. 9. Posted notice. Every pet dealer shall post in a prominent location of the facility, a
notice, in 48-point boldface type, containing the following language:
"Information on all dogs and cats is available. You are entitled to a statement of consumer
rights. Make sure you receive this statement at the time of purchase."
Subd. 10. Statement of consumer rights. Every pet dealer shall provide the retail purchaser
a written notice of rights, which shall be signed by the purchaser, acknowledging that the
purchaser has reviewed the notice, and signed by the pet dealer certifying the accuracy of the
information contained in it. A signed copy shall be retained by the pet dealer and one given to the
purchaser. The notice shall be in 16-point boldface type and shall state as follows:
"A STATEMENT OF MINNESOTA LAW GOVERNING
THE SALE OF DOGS AND CATS
The sale of dogs and cats is subject to consumer protection regulations. Minnesota law
also provides safeguards to protect pet dealers and animal purchasers. Attached is a copy
of Minnesota Statutes, section 325F.79. Contained within this law is a statement of your
consumer rights."
The statement of consumer rights shall also contain or have attached the disclosures required
under subdivision 1.
Subd. 11. Limitation. Nothing in this subdivision shall limit the rights or remedies which are
otherwise available to a purchaser under any other law. Any agreement or contract by a purchaser
to waive any rights under this chapter shall be null and void and shall be unenforceable.
History: 1992 c 585 s 2
325F.792 ADDITIONAL PENALTIES.
Subdivision 1. Criminal penalty. A violation of any United States Department of
Agriculture statute or regulation covering animal breeders or groomers, pet dealers, or the
transportation of dogs or cats is a misdemeanor.
Subd. 2. Civil penalty. (a) A pet dealer who:
(1) sells an animal without delivery of the disclosure required in section 325F.791,
subdivision 1 ;
(2) fails to maintain the records required by section 325F.791, subdivision 2;
(3) fails to provide registration papers as provided in section 325F.791, subdivision 3;
(4) fails to make or provide payment for the examinations required by section 325F.791,
subdivision 4 ;
(5) fails to post the notice required by section 325F.791, subdivision 9; or
(6) fails to provide the statement of consumer rights required by section 325F.791,
subdivision 10 ,
is subject to a civil fine of up to $1,000 per violation.
(b) Civil fines collected under this subdivision shall be collected by the court and turned over
to the prosecuting attorney.