Contracts

I'm sorry if this has been covered already, but I was curious if anyone drafts up contracts when they sell 'pet' rabbits? My husband and myself were talking last night about all the scary things that are happening in the AR movement right now. We talked about drafting contracts, getting ID/driver's license numbers and whatnot. We did this when I was breeding show rats, and I never had any complaints. People were generally impressed and I got a lot of repeat customers.

Would the same generally hold true in the rabbit world? We will not be allowing people in the rabbitry, or near our home. We would be meeting them at a public location where they would have the option to choose a rabbit based upon what they told us they were looking for, and we would bring along any rabbits they were interested in.

If they are unwilling to sign any sort of 'Adoption/Sales' Contract, in my mind, they might be a bit sketchy. Granted, if I was selling to another established rabbitry, it would be one thing... you can generally trust people in your own industry, but it's the pet industry that really concerns me.

This is what I put in any of my animal contracts

"By purchasing a ____________ you agree that falsifying any information on this application, including but not limited to, name, address, reasons for purchasing, for anti-breeder agenda or any other falsehoods can and will be open to a lawsuit with a penalty of no less then ten thousand dollars plus court costs."

You can not enforce a contract and so they are useless with out a monetary penalty enough to scare them a bit.

I have refused to buy from people who wanted to me sign contracts. I dont really see the point and unless you have a lawer write it up it is probably totally worthless anyways.

DonnerSurvivor":1v4s4n6p said:

I have refused to buy from people who wanted to me sign contracts. I dont really see the point and unless you have a lawer write it up it is probably totally worthless anyways.

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I've always viewed it as a sign of good faith if someone was willing to sign a contract. That's just me, though. The following is not meant to be accusatory to anyone... it's just an observation based upon my experiences: With the rats, I found that people who refused the contract never gave off a good vibe when I first met them and I probably wouldn't have sold to them in the first place. While I understand that the contracts aren't legally enforceable, but if I were for any reason, to take them to small claims court they would be taken into account by the judge. I've seen it happen with dog breeders, and even horse breeders. In those circumstances, the judge stated that while the contract was not legally binding, there is a show of intent when signing a contract of any sort. :shrug:

I would never give any of my personal info to any breeder of anything. So...meh.

I'm sorry, I guess I don't understand exactly what the contract would be for or would accomplish...? If you don't want your pet bunnies shown, then tattoo them in the right ear. Don't want them going for snake food? How are you going to know, and secondly charge enough to make it unfeasible. Don't want them bred? Then it should be up to you to spay or neuter them. Don't want them sold to someone else? Again, how are you going to know, and charge enough to make it unfeasible.

I just don't see exactly what the contract is for, what it's purpose is, or what it is supposed to accomplish.

Personally, I don't have a problem giving a seller my name, address, phone & email. That stuff is on my pedigree anyway. I keep records and I assume others do too, but I don't think I'd be allowing people my drivers license number, or other such info. It was my understanding the general public can't use a drivers license number for anything anyway. I certainly wouldn't be giving out my SSN or other ID numbers.

To each his own, but it sounds like an awful lot of procedure to go thru for a pet bunny sale, when it's not even legal or binding anyway.

I would never ask for a SSN but my main reason for wanting ID of some sort is for my own protection. The AR people are quite active up here and it's mostly for my own protection. I've always taken note of plate numbers especially after meeting up with someone who threatened me after finding out I sold rat pinkies for reptile and cat food. We run a very closed rabbitry/rattery because of this. I don't care if people show, or breed. That's their prerogative, and if someone wants to feed a $30+ rabbit to their pet, then, go for it... I sell pinkies which are much cheaper.

It just seems that when I ask for ID or require a contract of some sort, I generally get a better group of people. I've also noticed, again with rats, that if I put a clause in the contract stating that I will take the animal back should they need to re-home their new pet, I usually get the animal back should the need arise. I also use the contract as a way cover my butt regarding the health of the animal... stating something to the effect of the animal being of good health when it leaves me and that the health of the animal cannot be guaranteed once the animal is no longer in my control.

To each his own, though.

A contract is to help cover both the breeder and buyer. it lets each other know in writing what is expected from each other,and what is not.
I haven't done this with rabbit since i can easily replace one if needed but on others yes, yes i do.

I used to do contracts.

Generally I just don't sell pet rabbits. That takes care of that. In their view, it's buyer beware, and for me, I can't control what happens when they leave, and I don't want to do that. Rabbits die so easily, and I make that plain. They don't hold me to ridiculous expectations, and I won't hold them to any. If I can't trust them to do what's right out and out, I don't sell them anything of mine. That's the only real way to keep from having problems. I learned that the hard way from selling puppies, which is why I don't breed dogs much.

Even if a contract isn't "legally binding" I think it's a good idea so both parties to the transaction have the details laid out.
I use a simple contact that includes contact information for the buyer and seller and the details of the rabbit: breed, color, ear#, any known defects.
I also specify that I will take the rabbit back at any time.
I include the conditions under which I will make a refund or exchange: illness, within the first week, undiscovered disqualification for showing, or development of an aggressive temperament not caused by mistreatment.
It's nice to have a record of each transaction and to be able to contact each other later for pedigree info or other questions.
I've not yet had anyone balk at filling it out but then I tell them about it when they first contact me and often send it to them by email before we meet.
I also give out a two page "care sheet" that describes how our rabbits are cared for and include important web site, like RT

If a buyer cannot provide at least their name, email or phone number, purpose of rabbit or rabbits, and general area then I refuse sale. As many questions and demands the seller gets, the buyer should at least be able to give that much.

I have a sale terms set up. Depending on what court you go to, even though as said most won't even give it a thought, it can still be useful and save some grief. Mine is written so that upon payment, they are acknowledging that they are going to abide by and understand the terms and if any thing is broken they are subject to court for damages/fees at their cost in my home county. I've had to go to court 1 time over rabbits because a buck I loaned out for stud was sold and never did get returned. I don't loan rabbits for any reason any more to any one because of it. If it wasn't for a hand written agreement that person signed, the court wouldn't have done any thing BUT since I had the agreement, pictures, original pedigree, and original purchase receipt for the rabbit they decided in my favor. Even if person doesn't think it will hold, it is always a good idea to have at least buyer buys as is and there is no guarantees statement. I've watched others deal with issues like that not having any thing up at all. If you've got a pet lemon law in your state it might help as well to have them sign off on some thing considering how fragile rabbits can be and not really knowing how they are/were treated after leaving your care.

Personally, I wouldn't go through the trouble of writing up and bringing a contract. I think you meeting in public should be protection enough from having a crazy person knowing where you live. If someone is planning to come to your property to engage in illegal activity such as theft or vandalism then I truly doubt signing a contract will stop them anyway. Asking for an DL # isn't going to do you much good. What are you planning? Your rabbits get "liberated" and you hand a stack of adoption contracts to the police? Sorry to say, but they're not going to go track down a bunch of people and question them over some rabbits.

If you're really concerned then build a fence, put locks on things, and protect what's yours. Criminals are, for the most part, cowards. If you are aware of your surroundings and see or hear something suspicious then just go check it out.

I have a sales agreement written up. Good timing that this came up, I need to email it for review to my fiber buyers, and change my website to show it as well. I also have a 10 page care guide they get. It answers feeding, grooming, cage needs etc. I find most people don't have too many questions after reviewing it, so it must be working

A contract protects you not from them coming and hunting you down but them trying to sue you for vet bill on a bunny that their kids dropped or an anti-breeder set up.. or a rabbit you sold as a breeder that wouldn't breed to their buck.. or that grew up under/oversized...got sore hocks from their dirty crate.... just think about all the ways a buyer can try to mess with you..to get everything.. for free..