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Ladymagyver
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What makes a contract legally binding? #742302
02/27/09 05:51 PM
02/27/09 05:51 PM
Joined: Jan 2008
Posts: 3,843
Lisle, Illinois
SugareeErin Offline OP
Glider Addict
SugareeErin  Offline OP
Glider Addict

Joined: Jan 2008
Posts: 3,843
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








Re: What makes a contract legally binding? [Re: SugareeErin] #742315
02/27/09 06:45 PM
02/27/09 06:45 PM

B
buttercup
Unregistered
buttercup
Unregistered
B



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.

Re: What makes a contract legally binding? [Re: ] #742320
02/27/09 07:00 PM
02/27/09 07:00 PM
Joined: Aug 2008
Posts: 956
Homestead, FL
Adri Offline
Glider Guardian
Adri  Offline
Glider Guardian

Joined: Aug 2008
Posts: 956
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.
Re: What makes a contract legally binding? [Re: SugareeErin] #742324
02/27/09 07:25 PM
02/27/09 07:25 PM

B
Beezer
Unregistered
Beezer
Unregistered
B



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

Re: What makes a contract legally binding? [Re: ] #742341
02/27/09 08:17 PM
02/27/09 08:17 PM

T
TaterTots
Unregistered
TaterTots
Unregistered
T



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:

Re: What makes a contract legally binding? [Re: ] #742342
02/27/09 08:17 PM
02/27/09 08:17 PM

B
BelladonnasMom
Unregistered
BelladonnasMom
Unregistered
B



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.

Re: What makes a contract legally binding? [Re: ] #742352
02/27/09 09:37 PM
02/27/09 09:37 PM

N
NavyChiefWife
Unregistered
NavyChiefWife
Unregistered
N



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.

Re: What makes a contract legally binding? [Re: ] #742360
02/27/09 09:59 PM
02/27/09 09:59 PM

S
Steffanie
Unregistered
Steffanie
Unregistered
S



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.

Last edited by Steffanie; 02/27/09 10:03 PM.
Re: What makes a contract legally binding? [Re: ] #742366
02/27/09 10:12 PM
02/27/09 10:12 PM
Joined: Nov 2003
Posts: 6,894
NW Missouri
princessmegi Offline
Serious Glideritis
princessmegi  Offline
Serious Glideritis

Joined: Nov 2003
Posts: 6,894
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
Re: What makes a contract legally binding? [Re: ] #742371
02/27/09 10:22 PM
02/27/09 10:22 PM
Joined: Jan 2008
Posts: 3,843
Lisle, Illinois
SugareeErin Offline OP
Glider Addict
SugareeErin  Offline OP
Glider Addict

Joined: Jan 2008
Posts: 3,843
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








Re: What makes a contract legally binding? [Re: SugareeErin] #742377
02/27/09 10:29 PM
02/27/09 10:29 PM
Joined: Jan 2008
Posts: 3,843
Lisle, Illinois
SugareeErin Offline OP
Glider Addict
SugareeErin  Offline OP
Glider Addict

Joined: Jan 2008
Posts: 3,843
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








Re: What makes a contract legally binding? [Re: SugareeErin] #742417
02/28/09 12:20 AM
02/28/09 12:20 AM

T
TaterTots
Unregistered
TaterTots
Unregistered
T



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.

Re: What makes a contract legally binding? [Re: ] #742434
02/28/09 12:35 AM
02/28/09 12:35 AM
Joined: Oct 2007
Posts: 3,970
Spring, Texas
Trigger Offline
Glider Addict
Trigger  Offline
Glider Addict

Joined: Oct 2007
Posts: 3,970
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
Re: What makes a contract legally binding? [Re: Trigger] #742438
02/28/09 12:38 AM
02/28/09 12:38 AM
Joined: Jan 2009
Posts: 3,753
Florida
LabNGliderMom Offline
Glider Addict
LabNGliderMom  Offline
Glider Addict

Joined: Jan 2009
Posts: 3,753
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



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