How are warranty claims for the buying of dogs regulated?

Even though animals do not count as things according to the German Civil Code, at the same time, the German Civil Code determines that the same regulations as are applied for things are to be applied for animals. Therefore, from a purely legal point of view, there is no difference whether one buys or sells a car, a computer, or a dog.

As with all sale contracts, also buyers of dogs have the right to a dog that is free from defects. If the future dog owner wishes to breed later on or do a certain type of dog sport, the sold dog needs to be suitable for that. However, when selling a puppy, it is hardly possible to guarantee that the puppy will obtain the ability for breeding and performance. The breeders are therefore well advised to exclude the guarantee for such capabilities in their sale contracts.

The legal regulations do not fit the character of the animals, which changes depending on their living conditions; therefore, the regulations present a special challenge especially for “hobby breeders” who are considered as commercial supplier and thereby as entrepreneur with their breeding kennel. That can already be the case if they regularly offer puppies and promote their puppies in club magazines or on their own website. In these cases, warranty claims cannot generally be excluded by the breeder.

Generally, warranty claims for the buying of dogs are very difficult to assess. If in such a case no amicable settlement is reached, often, protracted lawsuits develop, the outcome of which always depends on the specific circumstances of the individual case and on the provability.