Contract | Soto Yorkies

Purchase Contract

SOTO YORKIES

KENTUCKY PUPPY SALES AGREEMENT

This Agreement is entered into on ____________________, 2026, by and between:

Seller / Breeder:

Soto Yorkies
Owner: Frankie Lee Soto
Commonwealth of Kentucky

Buyer Information:

Name: ______________________________
Address: ____________________________________________________________
Phone: ___________________

Email: ______________________________

IDENTIFICATION OF PUPPY

Breed: Yorkshire Terrier
Sex: ______ Date of Birth: _____________
Call Name at Birth: _____________
Color/Markings: __________________________
Sire: _____________ Dam: _____________

Sale Classification (check one)

☐ Pet Only – NO Breeding Rights
☐ Breeding Prospect – Registration Included

Purchase Price: $__________

Non-Refundable Holding Fee: $__________
Remaining Balance Due Before or At Pickup: $__________

TERMS AND CONDITIONS

1. FEES & OWNERSHIP

All holding fees and delivery fees are non-refundable, unless expressly stated in writing within this Agreement. Ownership and responsibility for the Puppy transfer only upon full payment and physical transfer of custody. Until that time, the Puppy remains the sole property of Soto Yorkies.

2. BREEDER’S RIGHT TO REFUSE SALE

Breeder reserves the right to refuse or cancel the sale at any time prior to transfer of custody if Breeder reasonably believes the Puppy may be endangered, resold, or improperly placed, or if Buyer misrepresents intent or violates this Agreement. Any refund shall exclude all non-refundable fees.

3. INITIAL HEALTH GUARANTEE – 48 HOURS ONLY

Puppy is guaranteed to be in good health at the time of transfer. Buyer must obtain a veterinary examination within forty-eight (48) hours of delivery or pickup (excluding Sundays and holidays). Failure to do so voids all guarantees.

A. FATAL VIRAL GUARANTEE

Coverage is limited to Parvo, Distemper, and Coronavirus and requires written veterinary diagnosis, verbal confirmation from the diagnosing veterinarian, and return of the Puppy within twenty-four (24) hours of diagnosis; any refund is limited to the purchase price only.

B. NOT COVERED AT ANY TIME

Hypoglycemia, parasites, allergies, thyroid disorders, kennel cough, undescended testicles, vaccine reactions, tracheal conditions, grade 1 heart murmur, preventable or correctable conditions are not covered at any time.

4. ONE-YEAR CONGENITAL / HEREDITARY HEALTH GUARANTEE

(LIMITED & EXCLUSIVE)

Soto Yorkies provides a limited one (1) year health guarantee, valid only until the Puppy’s first (1st) birthday. This guarantee applies ONLY to life-threatening congenital or hereditary defects involving the following organs: Heart, Kidneys, and Liver. No other organs, systems, disorders, or conditions are covered.

A. CONDITIONS & REQUIREMENTS FOR COVERAGE

To qualify, ALL the following must be met:

Buyer must notify Soto Yorkies immediately upon suspicion or diagnosis.
Puppy must be examined by two (2) licensed veterinarians, and the diagnosis must clearly state in writing that:
- The condition is congenital or hereditary, AND
- The condition is life-threatening, AND
- The Puppy was unfit for purchase at the time of sale.
Buyer must provide written veterinary documentation from both examining veterinarians, including diagnostic testing sufficient to substantiate the diagnosis. Professional opinions without testing are not accepted.
Buyer must provide both written documentation AND verbal confirmation from both diagnosing veterinarians directly to Soto Yorkies, upon request.
Buyer must authorize Soto Yorkies to speak directly with all veterinarians who have examined or treated the Puppy and to obtain complete medical records relating to the claimed condition.

Failure to meet any requirement set forth above shall render this Health Guarantee null and void, with no obligation owed by Soto Yorkies.

B. BUYER CARE OBLIGATIONS

Buyer must maintain routine veterinary care, proper nutrition, housing, and follow veterinary recommendations.

Administration of the Leptospirosis vaccine, including combination vaccines containing Leptospirosis, voids all health guarantees under this Agreement.

C. SOLE REMEDY – REPLACEMENT ONLY

If all requirements are satisfied and the Puppy is determined to be unfit due to a qualifying defect, Buyer’s sole and exclusive remedy shall be a replacement Puppy of comparable value, subject to availability. Breeder’s program priorities take precedence, and no cash refunds or credits shall be issued. Puppy must be returned within forty-eight (48) hours of diagnosis or the right to replacement is forfeited. Puppy must be returned alive, in reasonable medical condition, and with all veterinary records related to the claimed condition. Transportation costs are Buyer’s responsibility.

D. DEATH OF PUPPY WITHIN ONE YEAR

If the Puppy dies within one (1) year and a congenital or hereditary defect is suspected, Buyer must notify Breeder immediately upon death and provide Breeder the opportunity to communicate directly with the performing veterinarian prior to necropsy. A necropsy/autopsy is REQUIRED at Buyer’s expense by a licensed veterinarian and must be performed within a reasonable time following death, not to exceed seventy-two (72) hours unless delayed by circumstances beyond Buyer’s control. Written results must confirm that the cause of death was a congenital or hereditary condition directly resulting in the Puppy’s death, and verbal confirmation must also be provided. If results are inconclusive or a necropsy is not performed, this guarantee is void.

E. WAITLIST & BREEDER STATUS

If no replacement Puppy is immediately available following approval of a valid claim:

Buyer shall be placed on a waiting list for a replacement Puppy of comparable value, as determined solely by Breeder.
Breeder’s breeding program priorities shall take precedence over Buyer placement.
This health guarantee applies only while Soto Yorkies is actively breeding Yorkshire Terriers.
If Breeder permanently ceases breeding Yorkshire Terriers, this health guarantee shall terminate automatically and without further obligation, financial or otherwise.

F. TRANSFER / REFUND TERMS

If a comparable Puppy is offered within twelve (12) months and Buyer declines the offered Puppy for any reason, Buyer waives any claim to refund, and the holding fee shall be forfeited. If no comparable Puppy is offered within twelve (12) months, the holding fee shall be refunded, and Breeder shall have no further obligation, financial or otherwise.

G. NON-TRANSFERABILITY

This guarantee applies only to the original Buyer and is void upon resale, transfer, or rehoming.

H. BREEDER DETERMINATION (GOOD FAITH STANDARD)

Soto Yorkies reserves the right to verify all claims, request additional documentation, and deny claims that do not strictly meet the requirements of this Agreement. Breeder’s determination regarding eligibility under this guarantee shall be made in good faith, based on the documentation provided, and shall be final.

5. SIZE, STRUCTURE, & GENETICS DISCLAIMER

All statements regarding the Puppy’s adult size, weight, coat, color, fertility, structure, or development are estimates only and not guaranteed. Buyer acknowledges that such characteristics may change as the Puppy matures, and no refund, replacement, credit, or compensation shall be owed for any variance.

Breeder makes no warranty or guarantee, express or implied, regarding the accuracy or reliability of any third-party DNA, genetic, or breed identification testing. Buyer understands that such testing is inherently limited and may produce inconsistent or unexpected results, including indications of mixed breed composition, regardless of pedigree or registration status.

Results of any genetic or breed identification testing shall not constitute misrepresentation, breach of contract, or grounds for refund, replacement, rescission, chargeback, or any other remedy.

6. BREEDING PROSPECTS ADDENDUM **

If a Puppy is sold as a Breeding Prospect, Buyer acknowledges and agrees that breeding potential and breeding performance are not guaranteed. This includes, without limitation, fertility, reproductive capability, final adult size, structure, bite, testicular descent, temperament, and overall suitability for a breeding program, all of which may change or fail to mature over time and are not fully determinable at the time of sale.

Breeder affirms that, to the best of Breeder’s knowledge at the time of sale, the Puppy has no known congenital or hereditary condition that would render it unsuitable for breeding. Except as expressly stated herein, all breeding determinations are made at Buyer’s risk, and no refunds, replacements, or compensation shall be owed for delayed development, later-developing traits or outcomes.

7. REGISTRATION CONTROL (AKC / CKC / ANY REGISTRY)

Breeder may withhold, delay, or revoke registration eligibility upon Buyer breach and notify registries accordingly. Buyer acknowledges that registration papers are a privilege, not a right, and are contingent upon full compliance with this Agreement.

8. PET-ONLY SPAY / NEUTER REQUIREMENT ADDENDUM **

Pet-Only Puppies must be spayed or neutered by eighteen (18) months of age. Buyer must provide proof within seven (7) days. Acceptable proof only includes veterinary records clearly identifying the Puppy and the date of the procedure.

Failure constitutes material breach subject to $2,000 liquidated damages.

Unauthorized breeding or attempted breeding results in $5,000 liquidated damages per occurrence, permanent revocation of registration eligibility, and responsibility for attorney’s fees.

9. RIGHT OF FIRST REFUSAL / NO FLIPPING

The Puppy may not be sold or flipped for profit. Breeder retains the right of first refusal for the life of the Puppy. Buyer must notify Breeder in writing and allow Breeder no less than seventy-two (72) hours to exercise this right before any transfer, rehoming, or sale.

10. NON-DISPARAGEMENT & DEFAMATION

Buyer agrees not to publish or communicate any false, misleading, defamatory, or materially exaggerated statements regarding Soto Yorkies, Frankie Lee Soto, the Puppy, or Breeder’s business or reputation. Statements that omit material facts, distort events, or present opinion or partial facts as truth in a manner likely to harm Breeder’s reputation shall be deemed false or misleading. Nothing in this section restricts truthful statements or legally protected speech; however, exaggeration, distortion, or selective presentation of facts is expressly prohibited.

Any violation constitutes a material breach and shall result in liquidated damages of Five Thousand Dollars ($5,000) per occurrence,

which the parties agree is a reasonable estimate of damages and not a penalty. Buyer agrees to remove offending content upon written notice and to pay all reasonable attorney’s fees and costs incurred by Soto Yorkies in enforcement. Nothing in this section shall be interpreted to restrict Buyer from making truthful statements based on verifiable facts or from exercising rights protected under applicable law.

11. NO CHARGEBACKS

Chargebacks constitute material breach subject to $2,500 liquidated damages plus costs.

12. LIMITATION OF LIABILITY / NO IMPLIED WARRANTIES

The Puppy is sold AS IS except for the express guarantees set forth in this Agreement. Breeder disclaims all implied warranties to the fullest extent permitted by Kentucky law.

Buyer agrees that all liquidated damages stated in this Agreement are reasonable estimates of actual damages and not penalties, due to the difficulty of calculating Breeder’s losses.

13. MANDATORY BINDING ARBITRATION – JURY TRIAL WAIVER

Buyer understands and agrees that any dispute arising out of this Agreement shall be resolved exclusively through binding arbitration in the Commonwealth of Kentucky. Buyer knowingly and voluntarily waives the right to a jury trial and to participate in any class or collective action.

14. GOVERNING LAW

Kentucky law governs this Agreement.

15. ENTIRE AGREEMENT

This document represents the entire agreement and supersedes all prior discussions.

16. DELIVERY / PICKUP SELECTION

Buyer shall select one option below; all delivery fees are non-refundable unless expressly stated.

☐ Full Delivery (Non-Refundable): Fee $__________ due prior to delivery; Breeder will deliver the Puppy to the following location:
_____________________________________________________.

☐ Partial Delivery (Non-Refundable): Fee $__________ due prior to delivery; Breeder will deliver the Puppy to the following location:
_____________________________________________________.

☐ Pickup (No Charge):
Buyer will pick up the Puppy at a public location designated by the Breeder at the following location:
_____________________________________________________.

17. WEATHER, TRAVEL & FORCE MAJEURE

Breeder shall not be liable for delay or nonperformance of any obligation under this Agreement due to events beyond Breeder’s reasonable control, including weather, road or travel conditions, illness, mechanical issues, acts of God, or government action. Buyer acknowledges that such delay or nonperformance shall not constitute a breach of this Agreement and delivery fees remain non-refundable. Pickup or delivery shall be rescheduled at the earliest reasonable date.

18. LIQUIDATED DAMAGES ACKNOWLEDGEMENT

Buyer acknowledges and agrees that all liquidated damages amounts stated in this Agreement represent a reasonable estimate of actual damages incurred by Breeder due to Buyer’s breach, including but not limited to loss of reputation, loss of breeding value, administrative costs, enforcement costs, and difficulty of quantifying future harm. Buyer further agrees that such damages are not a penalty and are enforceable under Kentucky law.

19. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

SIGNATURES

HOLDING FEE ACKNOWLEDGEMENT

By signing below, Buyer acknowledges receipt and acceptance of the terms of this Agreement and confirms payment of the non-refundable holding fee as stated herein.

Buyer Signature: _______________________________
Buyer Name (Printed): _______________________________

Breeder Signature: _______________________________

Frankie Lee Soto

Date of Holding Fee: ____________

PICKUP & TRANSFER OF CUSTODY ACKNOWLEDGEMENT

By signing below, Buyer acknowledges pickup and transfer of custody of the Puppy on the date listed and confirms that the Puppy was received in satisfactory condition.

Buyer Signature: _______________________________
Buyer Name (Printed): _______________________________

Breeder Signature: _______________________________

Frankie Lee Soto

Date of Pickup: ____________