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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is second opinion - I will add images of the

Customer Question

This is for a second opinion - I will add images of the contract:
I have an eight month old pedigree cocker spaniel puppy. I signed a contract when I collected my puppy but to be really honest I didn't read it all properly (I know this is no excuse) I knew she was "kennel club endorsed" meaning I could not register any pups from her however one of the clauses says I cannot breed from herat all and if I do breach this contract the breeder can demand her back! To put this contact in detail it also requires me to walk her for a certain period a day and make provision for her food etc if I'm away for more than 8 hours - it's ridiculous! This was however signed by me (I'm a donut) but this was it witnessed or signed by the breeder is it legally binding as obviously she is owned by me? I do not plan to breed from her until she is at least 18 months old but asked the breeder today if she would lift the endorsement but she is now threatening me
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear you signed a document which says you cant breed and I assume you want to?
Alex
Customer: replied 1 year ago.
Yes you are correct. Although I wouldn't plan to breed her until she is at least 18 months old. The breeder is being very threatening since I asked if she would remove the endorsements! To be very honest i know I signed it but I didn't even realise there was a no breed clause, I thought I could breed her and maybe not register the pups at least. I just couldn't imagine it enforceable
Customer: replied 1 year ago.
Not that it's necessary but sees a pic lol
Expert:  Ash replied 1 year ago.
Actually this could be breach of contract even though you own it. You purchased the puppy and in doing so agreed to a number of conditions. Whether those conditions are enforceable is a different matter.
Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 states:
Unfair Terms
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
So I agree, in reality I dont think it can be enforced.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Right so in essence in a court of law it may not stand up at all. So if I did this could she demand her back? I love my dog very much and couldn't bear loosing her
Customer: replied 1 year ago.
So do I get proper legal papers drawn up prior to breeding her to get these terms clarified to avoid breaching it as it is?
Expert:  Ash replied 1 year ago.
I agree, she cant get anything back and its an unfair term.
Does that help?
Alex
Ash and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes indeed that is really helpful :) thankyou so how do I combat this in advance of breeding her?
Expert:  Ash replied 1 year ago.
You can't pre empt anything sadly.
Alex
Customer: replied 1 year ago.
Possible loophole? The dog on her registration documents is co owned by myself my husband and my young children. But it was only I that signed the contract
Expert:  Ash replied 1 year ago.
You can't stop someone suing you, that's the issue here.
Alex