Dog purchase agreements

Why use a dog purchase agreement?

Under Swedish law, a dog is treated as personal property, but purchasing a dog involves considerations that do not arise in most transactions. The dog’s health, history, identity, and intended use may be important to both parties.

A written agreement records what the parties have agreed and provides evidence if questions later arise concerning:

• the dog’s identity and ownership
• health conditions or congenital defects
• the purchase price and payment
• delivery and transfer of ownership
• registration documents and pedigree records
• insurance and veterinary expenses
• additional conditions of the sale.

An oral agreement may be binding, but a written dog purchase agreement makes it considerably easier to prove the agreed terms.

What should the agreement include?

The agreement should be adapted to the dog and the circumstances of the sale. It should generally include:

• the buyer’s and seller’s names and contact information
• the dog’s name, date of birth, breed, and sex
• the microchip number or other identification
• registration information and any pedigree
• the purchase price and payment terms
• the date and place of delivery
• information about the dog’s health and known conditions
• vaccination, treatment, and insurance information
• documents and items included with the dog
• any additional conditions
• the date and the parties’ signatures.

If the buyer pays a deposit, the agreement should specify the amount and what happens to it if the sale is not completed.

Buying from a private seller or breeder

The applicable rules depend on the seller.

When one private individual buys a dog from another, the parties’ agreement and the Swedish Sale of Goods Act generally apply. Many provisions of that Act may be modified by agreement, making the wording of the contract particularly important.

When a breeder or another business sells a dog to a consumer, the Swedish Consumer Sales Act applies. These rules are mandatory for the consumer’s benefit, and the agreement cannot provide the buyer with less protection.

A seller may be treated as operating a business even if they do not describe themselves as a professional breeder. The assessment depends on the frequency, organization, and economic nature of the sales.

Health and veterinary examination

The agreement should disclose known illnesses, injuries, behavioral issues, and other circumstances that may affect the purchase. The buyer should have an opportunity to examine the dog and review relevant records before signing.

A veterinary examination certificate describes the dog’s health at the time of the examination but does not guarantee that the dog will remain free from future health problems. The agreement should state:

• when the examination took place
• who performed it
• any findings or concerns
• what information the buyer received
• how the parties agreed to address known conditions.

Special rules concerning the buyer’s examination and proof of defects may apply to higher-priced dogs purchased from a business.

Health problems discovered after the purchase

A dog may be considered defective if it does not match the agreement or the information provided by the seller. A defect may also exist if the seller failed to disclose important information about the dog’s health or other characteristics.

The buyer’s available remedies depend on the applicable law, the agreement, and the specific circumstances. Depending on the case, the buyer may be entitled to:

• payment for appropriate treatment
• a reduction in the purchase price
• compensation for financial losses
• another solution agreed by the parties
• cancellation of the purchase if the legal requirements are met.

The buyer should notify the seller in writing as soon as a suspected defect is discovered and preserve veterinary reports, receipts, and other relevant records.

Registration and change of ownership

All dogs in Sweden must be identified and registered in the Swedish Board of Agriculture’s central dog register. If the dog is already registered, the new owner must register the change of ownership within four weeks.

The agreement should include the dog’s identification number and the information required to complete the ownership update. Registration with another organization does not replace registration in the central dog register.

When to involve a lawyer

Legal assistance is recommended when the dog has a high value, has known health concerns, or the agreement includes special conditions concerning a deposit, future use, return of the dog, or responsibility for future expenses.

A lawyer helps ensure that the terms are clear, legally appropriate, and consistent with mandatory consumer protections when they apply.