Most good breeders will have a contract when you get a dog from them, this protects not only the breeder, but also the purchaser--by putting it in writing, it ensures that everyone understands the conditions. Sample contracts are available from the Dalmatian Club of America (there are some slight differences between US law and Canada, such as in Canada the breeder is required to provide a certificate of registration, but the intent is the same).
However, given a contract, there are things that sometimes need clarification--the breeder should willingly explain any clauses in their contract, if you are not comfortable asking them, or they are not comfortable explaining, that should be a warning that you might not want to proceed. Below is an explanation of some things you might find in a contract and what they mean.
Deposit: Some breeders will ask for a deposit at some point in the process. Before sending in a deposit, it is important to find out what the conditions are. Putting a deposit down on a litter that has already been born, to reserve a pup that you will be picking up when it is old enough is very different than putting a deposit down for a puppy that has yet to be born (or even conceived). Before putting down a deposit, verify the conditions of it--if you are interested in a show potential pup, a specific colour or sex, and the puppy you want is not in this litter, can you get the deposit back or does it roll over to the next litter? While moving the deposit to the next litter might seem fine, it requires thought--many breeders breed annually at most--sometimes timing is important and after a year things have changed. These are considerations, and if necessary, work with the breeder to modify the contract so if, after a certain amount of time, there is no puppy, the deposit will be returned.
Health--The parents of the litter should be health tested, if the dog has a CHIC number then you can see the results of the testing by going to the OFA website and searching by registered name. CHIC just means that testing has been done, not what the results were. Also, the requirements for Dalmatians to get a CHIC number are relatively modest, breeding Dals should be health tested for hips, elbows, hearing, eyes, heart and thyroid--ask the breeder for test results, even if they are not entered in the OFA database. Another thing to ask the breeder about is the presence of Copper Storage Disease in the line.
Breeders will also offer health guarantees, but their significance can vary. Many breeders give a guarantee for a period of the dog's life, but many issues, such as dysplasia and CSD show up after the dog is two years old. If a dog ends up with genetic illness, does the breeder have financial requirements to help? Is there a cap at the cost of the dog? Or will the breeder offer to take the dog back and provide a replacement? While this seems assuring when picking up a sweet puppy, the reality is one quickly gets attached to the bundle of fur so this option becomes less palatable, even if offered. Are there conditions that you need to respect, such as diet or exercise, attached to the guarantee?
Non-breeding or limited registration: Breeders will sell puppies not intended for show/breeding on a limited registration with a non-breeding contract. The limited registration means that any puppies the dog produces can not be registered, keep in mind that in Canada, anyone selling dogs as purebred is required to supply a CKC certificate of registration at no extra cost. If you have a limited registration you can not do this and will be in violation of the Animal Pedigree Act if you decide to breed. If you wish to breed, talk to the breeder about what is involved in having a show/breeding quality puppy. Many breeders sell all dogs, even those with show potential, on limited registration with the provision that the dog will be re-evaluated when it is a mature adult and has had health testing done, at which point the registration can be changed. If this is the case, make sure it is all outlined in the contract. Pups sold on limited registrations can still participate in all events and activities offered by the CKC.
Co-ownership: Some breeders will keep their names on some or all of the puppies until certain conditions are met, make sure this is clearly outlined in the contact. Limited registration puppies might have a clause requiring spay/neuter at a certain point and then the breeder will transfer the full registration, this is just another insurance that the dogs they are responsible for are not being bred irresponsibly. Show/breeding potential puppies the breeder might not only keep their name on the dog, but also arrange to show it and, if it works out, perhaps co-breed a litter. If this is the case, it is important to clearly define what each party's responsibilities are and under what conditions the co-ownership will terminate.
Show--If you are buying a puppy with show potential, establish what that means. Conformation showing is a judged competition meaning that getting points and finishing a title is dependent not just on the quality of dog you have, but also what else is present in the ring. Entry fees for conformation shows, travel, and time can also be a substantial commitment--if you are new to showing, talk to experienced people to find out the pros and cons and help decide if it is for you. Also, if the breeder requires that the dog is shown, is “reasonable effort” well defined or is an open-ended contract that you need to show until the Dal is finished. There should be provisions for when this clause is no longer in effect, either a set number of shows, a certain time period, a re-assessment, and also a provision if for some reason showing is just unfeasible.
Breeding or Puppy Pick/Back: Some breeders have a clause that the Buyer(s) will be required to have a litter (or provide a certain number of breedings in the case of a male) and a puppy/puppies (or sometimes the whole litter) belongs to the original breeder. This is more than a co-ownership because it requires that you owe the breeder something and need to make decisions accordingly.
Things to discuss with the breeder: What constitutes voiding this clause in the contract? What happens if the puppy does not grow into the potential conformation? What is the outcome if the health testing reveals something that indicates the dog should not be bred? It should be clearly defined what the breeder expects and what the financial equivalent will need to be if it can not be fulfilled (such as sterility). Who will incur the costs associated with the breeding or collection. Breeding a litter or having a male that is being used for stud, is a responsibility and a future commitment, at least two years in the future, talk about provisions if your situation changes and you are not able to fulfil it. Are these additional costs something you are prepared to pay when making this agreement?
Keeping an intact dog is also another consideration, having a bitch go into heat can not only be messy, but also limiting since while the bitch is in heat you can not partake in many regular activities. Some intact males develop less than desirable behaviours. Often city licensing costs are higher for intact dogs and some places have restrictions on being able to keep them without a kennel license. These things must not only be considered for the immediate time when you acquire the puppy, but also for the long term.
Transfer of ownership: Most reputable breeders will specify that if you can no longer keep the dog they will take it back, you can not re-home it without their approval and in many cases will help find a new home. Breeders feel a responsibility for the life of the dogs so will take them back at any stage of their life. No one gets a puppy with the intent of not being able to keep it, but situations change and if you find a suitable home most breeders will need to agree to the transfer of ownership, some will want to place the dog themselves to ensure its well being. Some breeders might require a new contract with the potential new owners.
Contract Enforcement: Any lawyer will tell you that a contract is only as strong as it is enforceable. Having a well written contract that both parties enter into in ‘good faith’ is legally binding. It is important to discuss each paragraph of the contract and make necessary adjustments prior to signing it. Just like good fences make good neighbours, a good contract spells out things clearly so that future problems don’t arise.
Take Away: A good contract is a starting point for the relationship between a breeder and a puppy home. In order for the relationship to work, both parties need to be open and honest about their expectations and requirements. Asking questions and being comfortable are key.