Is it legal and possible for a breeder to sue a client ?

[Reptic republic]

Is it legal and possible for a breeder to sue a client for breaking a contract ? Even tho it's not signed by a notary or advocate but only created by the buyer and signed by the seller.

I am new to this business, and I was doing my research about all the laws and conditions for breeding reptiles in Canada to do everything legally and safely. So I asked myself,
" Am I allowed to request from my clients in my contract buyer/seller to not breed the reptiles that they buy from me? If yes, then am I allowed to sue them if they break that contract? For how much? "

Since dog breeders can, why reptile breeders wouldn't ? There is already almost no laws and protections of captive reptiles, nor there is on their breeding and selling. So I'm concerned about it.
Would someone know anything about it?

 

[Persnickety Parson's]

While I'm no lawyer, verbal contracts generally non binding, I don't think anything can be contested unless it was written and signed.

With dog breeders I've always had to sign a non breeding contract, if I wanted to breed my animal I'd have to go back to the breeder so he could evaluate the animal.

 

[nightanole]

Last time i checked, dog breeds had certificates. One for "show" and one for "breed". You had to pay extra for the breed cert. If you bred a non breeder, you could not get certs for the offspring.

But just "making something up" doesnt count. You can not sell grandpas favorite car and have a signed copy saying "owner will never remove grandpas prized bull horns from hood".

Like wise i have never heard of a clause that says you can not breed an animal. Again the closest you can get is the certs, but even those are only honored by the certs governing body. You can still produce all the "mutts" you want.

At best you can sue for the client putting "your" name on the sales literature. I can not buy 2 FLchams breed them, and then load up my website with "pure FLcham stock" etc.

 

[Reptic republic]

Last time i checked, dog breeds had certificates. One for "show" and one for "breed". You had to pay extra for the breed cert. If you bred a non breeder, you could not get certs for the offspring.

But just "making something up" doesnt count. You can not sell grandpas favorite car and have a signed copy saying "owner will never remove grandpas prized bull horns from hood".

Like wise i have never heard of a clause that says you can not breed an animal. Again the closest you can get is the certs, but even those are only honored by the certs governing body. You can still produce all the "mutts" you want.

At best you can sue for the client putting "your" name on the sales literature. I can not buy 2 FLchams breed them, and then load up my website with "pure FLcham stock" etc.

My point is not that I want to sue or pursue anyone, but more like to be sure I won't have any legal problems by saying in the contract that my clients could have certain consequences if they don't adhere to it.

I never heard much about reptile breeding laws because there's literally almost no laws concerning either breeding or keeping reptiles in Canada, which means more risks of inappropriate care. My only point is to avoid as much as possible unconscious breeding that some could do cause " oh its easy money so why not " and not know what to do with neither the babies nor female afterwards.
Because I know I can't control it, however I want to avoid it as much as possible by maybe "scaring" them with this idea.
Moreover, they accept not to breed the reptile for example, and so they can get a health insurance for a certain period of time.

Reptiles aren't dogs or cats, but they are still live animals that should have the rights to be protected.

 

[MissSkittles]

Honestly, I think the only way to prevent anyone from breeding any animal you may sell is to be very selective about who you sell to and make sure that they are (emotionally) mature and understanding of all of the animals needs, which includes careless breeding. Whether a dog, cat or reptile, people need to be educated about and responsible for the animal.

 

[Reptic republic]

Honestly, I think the only way to prevent anyone from breeding any animal you may sell is to be very selective about who you sell to and make sure that they are (emotionally) mature and understanding of all of the animals needs, which includes careless breeding. Whether a dog, cat or reptile, people need to be educated about and responsible for the animal.

Yea absolutely

 

[summerseeking]

Just curious, is there a reason you want to stop folks from breeding reptiles purchased from you?

 

[redhorse]

Great Q&A--

This if for the United States not sure anywhere else----
You can sue over anything, it is the judge that will decide the outcome. I have watched breeders sue over contracts and there had been a stipulation "can not be use for breeding purposes" The case was concerning dogs. The owner/breeder did get a financial settlement but not what they would have received if they sold the puppies. They did the "what could that breed sell for?" then a little rough justice and judge came up with a total figure.
Second case I remember was Judge Judy and a local Reptile store in California. Little different situation-- The Reptile Store owner was off and one of the employees sold their Breeding Savannah Monitors to a customer that new the worth (tried to buy from owner a few times and with the employee not knowing). The Reptile owner was trying to get potential earnings and the cost of a breeding pair. The Judge said "they are property and have no other value" so the owner received about 50 bucks when suing for much more (don't remember the exact amount).
1. Check your local small claims court.
2. check the wordage of your contract. Sneaky thing you can do is send a text msg to the client and get info that they knew they were not suppose to breed and possible info as to how much they made. Your proof if not written contract was agreed upon.
3. others that have purchased from your client can be used as witnesses if the client shared the story. Like: I purchased these _________ and was told not to breed them but they are so cool and it just happened. I have these babies that I am trying to sell now.. Just an example....

Verbal contracts are also good if there are texts or other recorded messages that would indicate your story and their knowledge.

Hope this helps--- P.S. not a lawyer but look lots of stuff up.

Heck! People sue for 1 dollar over "The principal" of something.

Just know--- I am not for or against suing someone, there has to be a purpose for me to sue someone.
I have been ripped off twice by roommates and had to pay for damage they did (in a room I never went into). I just payed the fines and gave up the security deposits to be DONE with the people. My choice to let it go knowing I would win both situations--

They needed it more than I did. Would this action hurt your business if others knew your ability to sue? That would be my concern..

Good Luck!

Good Luck and keep us updated if anything happens.

 

[Reptic republic]

Just curious, is there a reason you want to stop folks from breeding reptiles purchased from you?

I already explained that it’s not because I want to be like the only one to breed them or sue someone for money, but it’s for the well being of the reptiles because in Canada there’s no laws from what I’ve saw to protect them and not everyone breed reptiles because they are passionate about it, but could be because they think it’s easy money, etc.

I don’t mind someone that knows what he’s doing to breed them, and if they want to do it officially I can’t control it anyway. It’s purely for the well-being of the reptiles.

 

[Reptic republic]

Great Q&A--

This if for the United States not sure anywhere else----
You can sue over anything, it is the judge that will decide the outcome. I have watched breeders sue over contracts and there had been a stipulation "can not be use for breeding purposes" The case was concerning dogs. The owner/breeder did get a financial settlement but not what they would have received if they sold the puppies. They did the "what could that breed sell for?" then a little rough justice and judge came up with a total figure.
Second case I remember was Judge Judy and a local Reptile store in California. Little different situation-- The Reptile Store owner was off and one of the employees sold their Breeding Savannah Monitors to a customer that new the worth (tried to buy from owner a few times and with the employee not knowing). The Reptile owner was trying to get potential earnings and the cost of a breeding pair. The Judge said "they are property and have no other value" so the owner received about 50 bucks when suing for much more (don't remember the exact amount).
1. Check your local small claims court.
2. check the wordage of your contract. Sneaky thing you can do is send a text msg to the client and get info that they knew they were not suppose to breed and possible info as to how much they made. Your proof if not written contract was agreed upon.
3. others that have purchased from your client can be used as witnesses if the client shared the story. Like: I purchased these _________ and was told not to breed them but they are so cool and it just happened. I have these babies that I am trying to sell now.. Just an example....

Verbal contracts are also good if there are texts or other recorded messages that would indicate your story and their knowledge.

Hope this helps--- P.S. not a lawyer but look lots of stuff up.

Heck! People sue for 1 dollar over "The principal" of something.

Just know--- I am not for or against suing someone, there has to be a purpose for me to sue someone.
I have been ripped off twice by roommates and had to pay for damage they did (in a room I never went into). I just payed the fines and gave up the security deposits to be DONE with the people. My choice to let it go knowing I would win both situations--

They needed it more than I did. Would this action hurt your business if others knew your ability to sue? That would be my concern..

Good Luck!

Good Luck and keep us updated if anything happens.

Thank you so much for these info!!

PS: I honestly prefer to get less clients then lot of them that would neglect my reptiles.
I already made this mistake and wouldn’t want to do it again.

 

[Reptic republic]

Great Q&A--

This if for the United States not sure anywhere else----
You can sue over anything, it is the judge that will decide the outcome. I have watched breeders sue over contracts and there had been a stipulation "can not be use for breeding purposes" The case was concerning dogs. The owner/breeder did get a financial settlement but not what they would have received if they sold the puppies. They did the "what could that breed sell for?" then a little rough justice and judge came up with a total figure.
Second case I remember was Judge Judy and a local Reptile store in California. Little different situation-- The Reptile Store owner was off and one of the employees sold their Breeding Savannah Monitors to a customer that new the worth (tried to buy from owner a few times and with the employee not knowing). The Reptile owner was trying to get potential earnings and the cost of a breeding pair. The Judge said "they are property and have no other value" so the owner received about 50 bucks when suing for much more (don't remember the exact amount).
1. Check your local small claims court.
2. check the wordage of your contract. Sneaky thing you can do is send a text msg to the client and get info that they knew they were not suppose to breed and possible info as to how much they made. Your proof if not written contract was agreed upon.
3. others that have purchased from your client can be used as witnesses if the client shared the story. Like: I purchased these _________ and was told not to breed them but they are so cool and it just happened. I have these babies that I am trying to sell now.. Just an example....

Verbal contracts are also good if there are texts or other recorded messages that would indicate your story and their knowledge.

Hope this helps--- P.S. not a lawyer but look lots of stuff up.

Heck! People sue for 1 dollar over "The principal" of something.

Just know--- I am not for or against suing someone, there has to be a purpose for me to sue someone.
I have been ripped off twice by roommates and had to pay for damage they did (in a room I never went into). I just payed the fines and gave up the security deposits to be DONE with the people. My choice to let it go knowing I would win both situations--

They needed it more than I did. Would this action hurt your business if others knew your ability to sue? That would be my concern..

Good Luck!

Good Luck and keep us updated if anything happens.

Thank you so much for these info!!

PS: I honestly prefer to get less clients then lot of them that would neglect my reptiles.
I already made this mistake and wouldn’t want to do it again.

 

[summerseeking]

I already explained that it’s not because I want to be like the only one to breed them or sue someone for money, but it’s for the well being of the reptiles because in Canada there’s no laws from what I’ve saw to protect them and not everyone breed reptiles because they are passionate about it, but could be because they think it’s easy money, etc.

I don’t mind someone that knows what he’s doing to breed them, and if they want to do it officially I can’t control it anyway. It’s purely for the well-being of the reptiles.

So very true. That makes sense.