Question

Goldendoodle Puppy Contract This agreement is made this ____6th__day of _____March____ , __2020_____ , between Goldendoodles Breeder (seller) and ___Jane Petowner___________(buyer). Buyer agrees to purchase from seller a Goldendoodle puppy Sex____Male___ Size___Mini_______ Color___apricot___________ Collar color_____white________ Born on_____1/17/20_____ for the amount of $2,000.00 plus Wisconsin state sales tax. Payment in full must be made prior to taking possession. Health Guarantee – Seller guarantees against any genetic defects that severely affect the quality of life of the puppy or causes the death of the puppy, for two years after date of purchase. Seller will refund 100% of the purchase price. Buyer must provide proof in writing from a licensed veterinarian (at buyer’s expense) and grant access to all veterinary records starting from the date of this contract. Seller has the right to a second opinion (at seller’s expense). Seller guarantees that upon receipt, the puppy is in good health and has been immunized and wormed according to accompanying health record. Any conditions that is minor, (including overbites or underbites) correctable, or will go away as the puppy gets older are not covered. The seller is not responsible for any harm that comes to the puppy once it leaves seller’s premises. The buyer agrees to take proper care of the puppy including: feed a quality food, provide regular veterinarian care including appropriate vaccinations and preventative medications, provide a safe environment, indoor housing, refrain puppy from any strenuous exercise and excessive jumping until one year of age. If the puppy is found to be in poor health, buyer will return the puppy (at buyer’s expense) with no refund to buyer. This guarantee is void if puppy is given any chewable medication for flea and tick medication. Rehoming – If for any reason buyer is unable to keep or care for the puppy, seller will take the puppy back, no questions asked and no refund will be given. Under no circumstance will the puppy be placed in an animal shelter, pet store, puppy mill, or any similar establishment. Spay/Neuter – This puppy is being sold as a pet only, unless breeding rights are purchased separately. Buyer agrees to have the puppy spayed/neutered by 8 months of age. Proof of spay/neuter must be in writing by a licensed veterinarian. Failure to comply will be considered breach of the contract and the health guarantee will be void. Buyer agrees to pay a $30,000 fine and all court costs and attorney fees if found to have bred puppy, intentionally or accidentally. Buyer will also return the puppy (at buyer’s expense) to seller. All contract disputes will be handled in the County of Washington, in the State of Wisconsin. All parties have read, understood and agreed to this contract in full. Seller_______Goldendoodles Breeder_____ Buyer_______Jane Petowner_

1. 5. Is specific performance of this contract available as a remedy to the buyer in the event the seller breaches by refusing to give possession to the buyer for no apparent reason? Why or why not?

Answer 1

answer-

Yes, Specific performance of this contract can be avaliable as remedy to the buyer in the event the seller breaches by refusing to give possession to the buyer for no apparent reason because If the contract is valid and both parties can performance their part in the contract but seller refuses not to perform and Damages is not an option to Buyer then Court can order Seller to perform his part and sell the puppy as per the contract.

In this case, Buyer has to "provide proof in writing from a licensed veterinarian (at buyer’s expense) and grant access to all veterinary records starting from the date of this contract " this is buyer' expense also Buyer has purchased all the things like pet food which only one used by if buyer has pet. Buyer suffered all the expenses just based on the fact that he will own a pet but if seller refuses and breach his performance then court can order seller to perform the contract.