How Much is That Doggy in the Window? A Look at Legal Aspects of Dog Sales
by Sara Chisnell-Voigt, Esq.






The pet industry is huge in this country, and the sale of dogs is a major portion of the industry. While most Americans consider their dogs their companions and part of the family, under the law they are considered ‘goods,’ and as such, really have no higher legal status than other goods, such as a car. However, the laws that govern transactions between sellers and buyers give them certain rights, protections, and responsibilities. This article aims to outline the legal rights and ramifications for both buyers and sellers of dogs to consider in their transactions.

Article 2 of the Uniform Commercial Code (UCC), which governs the sale of goods, encompasses animals and also their unborn young, and thus encompasses the sale of dogs. Both written contracts for sales of dogs and handshake or oral agreements fall under the doctrines of Article 2 of the UCC. All states contain the UCC as their law, except for the state of Louisiana.

If there is a written sale contract involved in the sale of dogs, anything contained in that contract will preside. Buyers need to read any sale contract carefully to make sure they agree with all the terms. If the dog in question is worth a considerable amount of money, the buyer may want an attorney to look the contract over and potentially even negotiate to obtain for the buyer the terms they need. Written contracts are in most cases binding, and if the contract releases the seller of liability, it is usually enforceable. As to the sellers of dogs, they should avoid using form contracts in their sales. While these forms are cheap and easy, many contain unenforceable terms or have very generic language that doesn’t cover terms that the seller is even aware the contract should contain. The best way for a seller to get a correct sale, puppy, or even breeding contract, is to have an attorney write a contract that they can continue to use for future sales or breedings.

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