A dog is not a thing – it is a family member, a companion and for many people a life partner. Yet, from a legal perspective, an animal is still a subject of civil law, just like a car or real estate. That is why it pays to have a well-drafted dog purchase contract that clearly sets out the rights and obligations of both parties when buying a dog. This will prevent many problems – whether it is unexpected illnesses, missing pedigree or disputes over money.
Many people decide to buy a dog out of excitement and under the influence of emotions. They see a cute puppy, talk to the breeder or seller and in their euphoria take their new pet home – often without a single piece of paper. However, this approach can backfire on the new dog owners later. All it takes is for illness to set in, for the puppy to stop matching what was promised, or for the breeder to refuse to take responsibility.
From a legal point of view, the purchase of a dog is also an ordinary purchase relationship under the Civil Code. And if anything goes wrong, the case will be dealt with under this law. According to Section 494 of the Civil Code, a living animal has a special meaning and value already as a living creature endowed with senses, and the provisions on things apply mutatis mutandis to a living animal only to the extent that this does not contradict its nature. In practice, a written contract for a dog serves as important evidence – it allows to prove what was agreed, what the condition of the dog was when it was taken over and what rights the buyer has.
A good dog purchase contract should be clear, concise and specific. It usually contains the following points:
Identification of the parties to the contract: Write down the full name, address, date of birth or registration number (if the breeder is a business). Include contact details.
Description of the dog: The dog must be accurately identified in the contract:
Price and payment terms. E.g.: “The buyer shall pay the price of 25 000 CZK by transfer to the seller’s account [account number] on the day of delivery of the puppy at the latest.”
Date of handover and transfer of ownership: Indicate the date of handover of the dog, which is particularly important for any liability for defects.
Health assurance: The seller should declare that the dog is healthy at the time of sale, free from any signs of genetic defects, vaccinated and dewormed.
Liability for defects: Specify how you will deal with any latent defects, i.e. diseases or birth defects that were not apparent on acceptance.
Special Provisions: some breeders require additional conditions:
However, such provisions may not be legally enforceable if they restrict the new owner’s right of ownership. On the contrary, in some cases they could even be considered invalid. Indeed, many of them can be seen more as recommendations and it is up to the goodwill of the buyer to comply with them.
We will prepare a dog purchase agreement that protects both parties and addresses all necessary areas. Don’t underestimate the purchase of your new pet and avoid potential problems in the future.
Although adopting a dog from a shelter is usually not a classic purchase contract in the true sense of the word, it is also a legally important contractual document to sign. This is usually an adoption contract, which aims to protect both the dog and the new owner. The contract for the dog should include basic information about the shelter and the adopter, a description of the dog, its health, vaccinations and information about any special needs of the animal. The shelter will often include the adopter’s obligations, such as the obligation to provide proper care for the dog, the prohibition of chain ownership or the prohibition of re-selling the dog.
In some cases, the contract may also include an agreement to control the conditions of the breeding or a provision to return the dog to the shelter if the adopter is unable to care for it. Although some of these requirements are legally difficult to enforce, they can be important in resolving future disputes and demonstrating good faith on both sides.
Yes. Although a dog is a living being, the law states that the purchase process is similar to other goods. If a defect that existed at the time of purchase (e.g. genetic disease, chronic illness, behavioural disorder caused by poor socialisation) becomes apparent within six months of taking delivery, the buyer has these rights:
There are pitfalls tomaking a claim – for example, it cannot be made because of an illness acquired after the dog was taken in (for example, a virus). Evidence must always be provided by the buyer in this case, so it pays to keep all veterinary reports carefully.
Particularly in so-called breeding or advertisement sales, where there is no background or health check, it is a major mistake to buy a dog without a contract. Such puppies often suffer from hidden defects, are not properly vaccinated or socialised and often have not even passed a vet check. Without a contract, it is then virtually impossible to recover compensation or refund. You have no way of proving what was actually agreed between the buyer and seller. Therefore, even if you buy a “paperless dog”, always ask for a contract.
Tip: It pays to have liability insurance for your dog too. All you have to do is run into the road unexpectedly and cause an accident, and you can suffer the consequences and pay compensation. The insurance will save you a lot of expenses at such a time.
Some breeders are particular about who they sell the puppy to. They may include so-called ethical conditions in the contract to ensure that the dog gets into good hands. Sometimes these conditions are attached to a significantly lower price.
Legally, however, whoever buys the dog becomes the owner and has the right to decide its future. So enforcing, for example, a breeding ban or a ban on relocation to another household is very questionable. However, if the buyer voluntarily agrees to such conditions, and they are clearly and understandably worded, they may have some relevance in court.
If you are not sure what a dog purchase agreement should contain, or you are struggling after buying a puppy, contacting a lawyer is definitely a wise move. If you are interested, we can prepare a sample dog purchase agreement that you can easily modify as needed – whether you are the breeder or the buyer. The templates commonly available on the internet tend to be incomplete or contain inappropriate clauses. A legally checked version will give you certainty and protection. In addition to the contract, we will be happy to help you with any dispute resolution.
Judicial practice shows that disputes concerning the purchase of a dog are not exceptional and can concern both the health of the animal and the failure to respect the terms of the contract between the breeder and the buyer. One Czech court decision dealt with the claim of a puppy which, shortly after its acquisition, developed a serious genetic defect – severe hip dysplasia. The buyer demanded a refund and the return of the dog to the seller, which the breeder refused, claiming that the animal was “fine” at the time of sale. The court concluded that this was a latent defect existing at the time of acceptance and that the buyer was entitled to rescind the contract and recover his money.
Thus, even in the case of an ’emotional good’ such as a dog, legally binding documents play an important role and can determine the success or failure of any litigation. The sales contract is thus not just a formality but an essential instrument of legal certainty.
Tip: Don’t forget that you must register your dog with the relevant authority and start paying the local fee for it.
Although a dog is not an object, it is legally considered to be the subject of a purchase contract under the Civil Code, so it is crucial to have a well-drafted purchase contract that clearly sets out the rights and obligations of both parties. The contract should include identification of the parties, an accurate description of the dog (including chip and pedigree), price and payment terms, date of handover, health, liability for defects and any special provisions such as prohibitions on resale or reproduction – even if their legal enforceability is questionable. Even when adopting from a shelter, a contract (the adoption contract) is concluded to protect both the dog and the adopter. Claims against the dog are possible if a defect is found that already existed at the time of acceptance – the buyer then has the right to repair, discount, withdraw from the contract or even refund, but this is often a heavy burden of proof. The risk of buying without a contract, especially from a lottery or advertisement, is high and any enforcement of rights is very difficult without a written document. In practice, the courts also deal with disputes over hidden defects such as genetic diseases, and a well-drafted contract plays a key role here.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
