Archer
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Breeder here with a rehome contract clause. Have you seen a breeder contract? Signed one? Created one? They are a legal document and are indeed legally binding and hold up in court. They have to go through a lawyer and we use lawyers that know this type of law.Pets are like anything else inside your house - YOUR property. We license them and that registers us as owners.
Returning the dog to the breeder is a very nice (but unenforceable) safeguard for an owner IF the owner wants to use the service. Calling it a contract doesn't make it binding.
If you die, chances are your family takes over from there. If you have a will (and everyone should), that should include provisions for your pets if you don't want your family doing whatever they want - which may well include dumping, selling, giving away your pets/belongings. Regardless of will, how much do you trust your family to follow it? What if one of them wants to breed the dog and sell the puppies? Do most BYB know that that's what they are? How will the original breeder find out you died unless they live right next door to you? Even then, how willing are they to sue? Does anyone know of such a situation?
And let's consider the breeders. They're just humans prone to the same things as their buyers. Is the breeders contract with you binding upon THEIR heirs if they die unexpectedly? No way.
It is a piece of paper. Bottom line being money, who will fight and for how long over what is essentially a property dispute between a stranger who got paid for a product they knowingly sold and grieving survivors.
I have known several situations where the dog was not returned to the owner and the contract returned the dog to the breeder. The owner was legally bound to the contract and there was legal reprocussions for the owner for not following contract. There was also a recent situation that held up in court after the death of the owner. So it’s not just a piece of paper and yes it does go both ways. The bottom line is not the money. It’s the safety and well being of the dog we bred and chose to sell to them