Sugar Glider Community Calendar

Please click here to see larger view
Articles
More coming soon!!
Today's Birthdays
Kacy, nxixcxk17
Featured Member
Registered: 11/09/16
Posts: 241
Last 10 Posts
Seeking a Bra Baby Glider for PTSD
by Mio
Today at 01:09 PM
Sick glider- post surgery decline
by the gliders angel
Today at 05:43 AM
gr8pots
by Terry
Yesterday at 09:21 PM
Gliders of the Round Table 5
by KarenE
Yesterday at 10:10 AM
Can sugar gliders live in darkness or do they need a light in the day time?
by KarenE
Yesterday at 10:05 AM
Beads wooden are they safe?
by Feather
10/14/17 06:43 PM
Too Soon To Say Goodbye, my Lulu
by Terry
10/14/17 04:37 PM
OK Tennessee/Georgia peeps! The time has come!!!
by cyndiekb
10/14/17 04:13 PM
Help! I don't know where my babies came from!
by bae
10/14/17 04:07 PM
One Year
by Ladymagyver
10/14/17 02:18 PM
Google+

Facebook
Join Us On Facebook
Topic Options
#742302 - 02/27/09 03:51 PM What makes a contract legally binding?
SugareeErin Offline
Glider Addict

Registered: 01/21/08
Posts: 3843
Loc: Lisle, Illinois
I always have people who adopt from me sign a pretty basic contract agreeing to care for the animal properly and that they will notify me immediatly/ return the animal to me if they can no longer care for it or keep it.

I need to know what makes a contract legaly binding, and if my contract would be or not. I am writing a new contract, but need to know if the contract below would hold up in court....

I have looked online and I am finding different things. Does there need to be a witness to sign as well? Does the witness need to be a notary?


Sugareey Gliders Sugar Glider Adoption Contract
IDs:
Sire X Dam / Gender/ OOP Date
Sold to:
Address:
Adoption Fee:
Purchase Date:
Pick up date:

Guarantee*: 10 day Health Guarantee: Replacement only
I guarantee that your gliders will be friendly,
well fed, happy and healthy when they leaves my care.
These gliders have never shown any sign of illness.
*(All guarantees are void if the animals are not housed, fed and/or treated properly)
I offer continuing joey support, please call or email me if you have ANY questions. By signing this contract you agree to care for the animals properly and also that if you cannot care for the animals any longer you will notify me immediately. I may be able to take them and/or help re-home them.
Buyer:______________________________________
Seller:_______________________________________ Erin Wrobel



_________________________

:leu: Sugaree Gliders :rtmo:


Simba, Nala, Rain, Snow & Sugaree

Shadowdancer, Sugar Magnolia, Sunshine Daydream, Winter, Twinkle, Twilight, Everlette, Sparkle, Polar Bear, Indigo & Willow









Top
#742315 - 02/27/09 04:45 PM Re: What makes a contract legally binding? [Re: SugareeErin]
buttercup
Unregistered


Not sure. I would think you could get the contract(s) notarized after you both sign them? A copy for your records and a copy for the adopters.

Top
#742320 - 02/27/09 05:00 PM Re: What makes a contract legally binding? [Re: ]
Adri Offline
Glider Guardian

Registered: 08/08/08
Posts: 956
Loc: Homestead, FL
Erin, from my experience in real estate, all legal docs must have 2 witnesses and be notarized (in this case by the buyer) HTH
_________________________
Adri

Mother of 2
Adrian, Sofie
Slave to many glidin' gliders



www.sugarsensation.com

Within the heart of every stray lies the singular desire to be loved.

Top
#742324 - 02/27/09 05:25 PM Re: What makes a contract legally binding? [Re: SugareeErin]
Beezer
Unregistered


The contract look and reads good to me - when I lived in Illinois I also had a contract much like yours the only difference was it was not notarized -

My question is - who is to tell if the buyer will stick to the contract and not just give away or sell the glider without your knowledge -

I'm sure someone else will come along with more knowledge than I

Sue
owned by &
mom to

Top
#742341 - 02/27/09 06:17 PM Re: What makes a contract legally binding? [Re: ]
TaterTots
Unregistered


I think the contract reads too vaguely to be enforced in any court.

I'd personally prepare the document a little differently, outlining buyer obligations and seller obligations as well as what will happen in the event the terms of the contract have been breached by either party. Outline the buyer(s) responsibilities(surrendering the glider to you immediately, can not resell the animal for any reason, etc)and your responsibilities(if animal is determined to be ill(verified and documented by a licensed veterinarian).

Sort of like this: (I am not an attorney- this is just what my contract would look like if I were using your guarantee,etc)

Contract between xyz breeder(name) and __________(buyer) on ____(date)

(breeder) and ----(buyer) are entering this agreement willingly and knowingly and agree to abide by all conditions of this contract. In the event the terms of this contract are breached, either party has the right to seek compensation through the courts of (your state). In the event a party are found to have breached the contract that person shall be responsible for all legal and necessary fees associated with said legal actions.

breeder (name) offers a 10 day health guarantee. If for any reason within 10 days of purchase, the animal is determined to have been ill, or death occurs, breeder requires documentation from a licensed veterinarian outlining the specific illness or cause of death prior to *name*breeder offering a replacement animal(sugar glider). If the animal was not housed, fed or properly cared for the 10 day replacement guarantee is void.

If the buyer later becomes unable to care for the animal or the buyer, for any reason, needs to re-home the animal, the buyer will contact the breeder and surrender the animal to the breeder immediately. If the buyer fails to surrender the animal to the breeder, the buyer will be required to pay the breeder a re-sell fee of (original purchased price-or whatever you want to re-coup) immediately. If this fee is not paid within 2 days of the re-sell of the animal, buyer acknowledges that he/she will be responsible for all legal fees associated with enforcement of this agreement and the collection of the monies owed.


IDs:
Sire X Dam / Gender/ OOP Date
Sold to:
Address:
Adoption Fee:
Purchase Date:
Pick up date:

This contract is legally binding and by signing below both parties agree to abide by the above contract. All agreements must be made in writing and notarized to change the terms of this agreement.

Buyer:
breeder/Seller:

Witness:



Notary seal:

Top
#742342 - 02/27/09 06:17 PM Re: What makes a contract legally binding? [Re: ]
BelladonnasMom
Unregistered


I don't see on there what you would call "contract" language. I do see you giving a health guarantee... but I would take off the part where you say they are guaranteed to be "friendly" bc you don't know how they will act with the new owners. I think a glider contract generally says something about if they can't or don't want to take care of the glider they purchased from you, then you have the right to be notified first, and you are given a chance to buy back the glider.

Top
#742352 - 02/27/09 07:37 PM Re: What makes a contract legally binding? [Re: ]
NavyChiefWife
Unregistered


Has anyone actually ever tried to take a buyer to court for breech of contract?
You could always find an attorney that does free consultations and ask them about it. I think that would be your best bet.

Top
#742360 - 02/27/09 07:59 PM Re: What makes a contract legally binding? [Re: ]
Steffanie
Unregistered


In order to have a valid and binding legal contract, three things are required: an offer, acceptance of that offer and consideration. You dont need a big long complicated contract, you just need to be able to prove that the person understands what the contract says and what it means. You technically dont even need a piece of paper that gives guidelines, it just makes your case easier to prove.

***Dont forget that a person must be 18 years to make a legally binding contract.
Google how to construct a contract if you want more information.


Edited by Steffanie (02/27/09 08:03 PM)

Top
#742366 - 02/27/09 08:12 PM Re: What makes a contract legally binding? [Re: ]
princessmegi Offline
Serious Glideritis

Registered: 11/21/03
Posts: 6894
Loc: NW Missouri
Esty won a case again Tanya on a verbal contract with little evidence, so there is precedence.
_________________________

"My doctrine is this: that if we see cruelty or wrong that we have the power to stop, and we do nothing, we make ourselves sharers in the guilt." ~ Anna Sewell, English Novelist

Top
#742371 - 02/27/09 08:22 PM Re: What makes a contract legally binding? [Re: ]
SugareeErin Offline
Glider Addict

Registered: 01/21/08
Posts: 3843
Loc: Lisle, Illinois
Thanks. Well I looked at some other breeders contracts have just finished my new contract which detail of possible scenaros, fines, and I guess from now on contracts will be validated by a notary. The new contract uses typical contract language. Maybe that will make people take it more seriously.

I may or may not be going to court, but the contract is being used as evidence in a case against the person who broke it. (Since a glider was sold without me being notified, and the glider in question was also being severely neglected) The new owner is sueing because of this and other deceptions. The contract was broken twice. I will be writing a letter as my testimony in court if I don't go. It will at least show the character of the person in question if nothing else.

When I found out the glider was for sale I contacted the person to make arrangements to get him back. They then told me they changed their minds (and were keeping him). They claimed to have forgotton the contract, but then sold him 10 days later. (Still not notifying me).

While there is nothing to say that people won't break contract, I hope I find honest people who will honor it. If they don't, well I found out this time, it's a small world as they say.

_________________________

:leu: Sugaree Gliders :rtmo:


Simba, Nala, Rain, Snow & Sugaree

Shadowdancer, Sugar Magnolia, Sunshine Daydream, Winter, Twinkle, Twilight, Everlette, Sparkle, Polar Bear, Indigo & Willow









Top
#742377 - 02/27/09 08:29 PM Re: What makes a contract legally binding? [Re: SugareeErin]
SugareeErin Offline
Glider Addict

Registered: 01/21/08
Posts: 3843
Loc: Lisle, Illinois
Mine was not the only contract she broke either. She also sold one of Katarina's gliders after just two week b/c he was "mean" shakehead
_________________________

:leu: Sugaree Gliders :rtmo:


Simba, Nala, Rain, Snow & Sugaree

Shadowdancer, Sugar Magnolia, Sunshine Daydream, Winter, Twinkle, Twilight, Everlette, Sparkle, Polar Bear, Indigo & Willow









Top
#742417 - 02/27/09 10:20 PM Re: What makes a contract legally binding? [Re: SugareeErin]
TaterTots
Unregistered


typically courts won't give written character statements much credit because neither the judge nor the defense attorney are able to question or clarify what's being said on paper.

If at all possible, you are best off to appear in person, loaded with documentation.

Top
#742434 - 02/27/09 10:35 PM Re: What makes a contract legally binding? [Re: ]
Trigger Offline
Glider Addict

Registered: 10/07/07
Posts: 3970
Loc: Spring, Texas
http://jensfuzzyfriends.webs.com/adoptioncontract.htm

Here is my contract and it is required that the buyer have it notarized. You may borrow/ copy anything you like.
_________________________
-(`v)-MO MONEY!-(`v)-
kids Chance, Dylan, John, & Kayla
Skittles, Snupi, Snuki, Lucy, Shanu, Caspian, Ivy, Kalysta, Kaliya, Santee, Cheyenne, Apache, Comanche, Twirpy, Meribelle, Santeria, Shyamalan, Sebastian, Zoey, Naira & Katsu
www.jensfuzzyfriends.com

Top
#742438 - 02/27/09 10:38 PM Re: What makes a contract legally binding? [Re: Trigger]
LabNGliderMom Offline
Glider Addict

Registered: 01/04/09
Posts: 3753
Loc: Florida
PM sent
_________________________
Julie
Hubby: George
Kids: Ayla & Michael
Grandsons: Trysten, Dayton, KJ & Nathyn
The Zoo: Midnight, Severe & Nala - Claude, Pixie, Tippy & Chili - Scout & Soluna, Theo & Deegie

http://hammockhavenpetsplus.com



Top




Moderator:  Feather, KarenE, Ladymagyver, Philwojo 
Sugar Glider Help Page



Please click above to see how you can help!!

Moon
CURRENT MOON
Who's Online
0 registered (), 18 Guests and 8 Spiders online.
Key: Owner, Admin, Mod
Newest Members
aalissa, Mio, Immelh, PipersMom, Bravo
6381 Registered Users
Forum Stats
21 posts in the last 24hrs
6382 Members
134 Forums
8889 Topics
147801 Posts

Max Online: 478 @ 07/15/07 01:24 AM
Last 10 New Topics
Seeking a Bra Baby Glider for PTSD
by Mio
Yesterday at 05:32 PM
gr8pots
by Feather
Yesterday at 05:20 PM
Beads wooden are they safe?
by tootles
10/14/17 06:20 PM
Can sugar gliders live in darkness or do they need a light in the day time?
by Link
10/14/17 01:53 PM
One Year
by Stef333
10/14/17 09:16 AM
Too Soon To Say Goodbye, my Lulu
by Terry
10/13/17 08:23 PM
Fabric Softener Sheets
by Terry
10/11/17 08:53 PM
Still trying to bond with my gliders, almost a year
by April
10/11/17 07:57 PM
New Member!!!
by Luly
10/11/17 07:15 PM
Butterworms
by kidqwik
10/11/17 02:08 PM
(Views)Popular Topics
I just found a lump on Timmy's chest--HELP! 20202894
Spencer needs your prayers/good thoughts 12464840
TEXAS 644938
Pitbull biter needs advice/help 587140
OHIO 503933
Member Titles 447896
MISSOURI 382243
HOLY CRACKERS AMERICAN HPW's 358592
OKLAHOMA 343231
URGENT - Genetic Flaw discovered 341100
Supported Browser
This site was tested and is best viewed in Google Chrome & Mozilla FireFox



Firefox 3

Download your copy today!!!


GliderCENTRAL
©1998-2017