Buying dogs from private sellers – what belongs in a purchase contract

There are many reasons why buying a dog from a private household can be advantageous. Regardless of whether you buy from a private seller or a breeder: A purchase contract for the chosen dog records all agreements regarding the transaction in detail.

Legal basis of a purchase contract for dogs

In Germany, private purchases (and sales) are based on the Civil Code, abbreviated as BGB. The following points are particularly relevant when buying a dog:

• Warranty (§ 433 ff.)
• Right of return or revocation (§ 355 ff.)
• Damages (§ 281 ff.)
• Defects (§ 434 ff.)

Warranty

For private transactions, the statutory warranty period is 2 years. The only problematic aspect here is that the burden of proof lies with the buyer. This means that if there is a “defect” in a privately acquired dog that was already present at the time of purchase, the buyer must prove this in court.

Right of return

The statutory right of withdrawal lasts 14 days. If you exercise this right, it equates to withdrawing from the contract and means that all services received must be returned. In other words: in the case of a purchase contract with a return right for a dog, the dog goes back to the seller and the buyer gets the paid purchase price back.

Damages

§ 281 BGB regulates “damages instead of performance due to non-performance or non-conforming performance”. For purchase contracts for dogs, it is therefore particularly important to specify the “performance” in more detail.

Defects

For living beings such as dogs, the term “defect” is more than inappropriate, but if they are the subject of a purchase contract, there is currently no other definition. To explain further: A purchased item has a defect if it possesses characteristics that “destroy or significantly reduce its value or suitability for the assumed use“.

This content belongs in a private purchase contract

Details about the two contracting parties must not be missing under any circumstances. Only then is it possible for both sides to legally enforce their respective rights and obligations if necessary. The aforementioned details include:

• Full name and date of birth
• Address
• Ideally the ID card number
• Contact details such as telephone number

Information about the dog

The most important part of a purchase contract for dogs. You start with the “facts”: these include sex, litter date, breed, any neutering, deworming status, vaccinations, and distinctive features such as unusual coat colours.

The second part, which becomes legally relevant particularly for damages and defects, consists of the description of the dog. This section should generally be included in the purchase contract when buying dogs privately.

Characteristics of dogs and “intended use”

Normally, the seller knows their animal, after all, they are, not just legally, the previous owner. Good purchase contracts therefore contain an extensive field for the description of the goods being traded.

Among the objective facts, the health condition of the dog is paramount. The seller is obliged to disclose any known illnesses (note: this would be a defect, for example).

Furthermore, it makes sense to record the known character traits of the dog in writing in the purchase contract. If the seller states, for example, that the dog is suitable as a “family dog”, it would be a defect if the dog behaves aggressively towards children.

This is where the “assumed use” comes into play. When buying, both parties should discuss in detail what the buyer expects from the dog. The seller must then check whether the dog meets these requirements. Example contents for the purchase contract could therefore be:

• Suitability as a family, working, herding, guard, hunting dog (and other/additional uses)
• Temperament traits (e.g. calm, patient, nervous, anxious, aggressive, athletic…)
• Any existing awards/prizes
• Certificates for any completed temperament tests or participation certificates from dog schools etc.