Eye Certification in Breeding Contracts: What to Include and Why

Breeding contracts are where good intentions meet legal reality. I learned this the hard way in 2008 when a puppy buyer came back to me claiming their dog had developed hereditary eye disease and implying I had sold them a defective animal. Because my contracts specified exactly what health testing had been performed on both parents, what the results were, and what I warranted versus did not warrant, I was protected. More importantly, because I kept complete records, I could demonstrate the facts.

A well-crafted breeding contract that addresses eye certification protects both parties, sets clear expectations, and creates a record that may matter years after the transaction is complete. This guide covers what to include in three types of contracts: stud service agreements, puppy purchase contracts, and co-ownership agreements.

Written agreements are one kind of season ticket and licences are another, so readers who run dogs in the field may also want our note on deer, moose and bear seasons in Ontario, where the permits and tags work the same way a good contract does.

Why Contracts Specifically Address Eye Health

Eye health is worth addressing specifically in breeding contracts for several reasons. First, many hereditary eye conditions have delayed onset. A dog that passes every exam before age three may develop cataracts by age five. Without clear contract language about what the seller warrants and for how long, disputes about cause and responsibility become difficult to resolve.

Second, eye certification has an expiration built into it. An annual certification creates a record of a dog's eye health at specific points in time, not a permanent guarantee. Contracts should reflect this reality and specify that certification was current at the time of the transaction, not that the dog is permanently free of hereditary eye disease.

Third, the complexity of hereditary genetics means that two certified parents can sometimes produce affected offspring, particularly in breeds with high carrier rates. Contracts should acknowledge this reality while still demonstrating that both parties acted responsibly by completing appropriate certifications before breeding.

Stud Service Agreements

A stud service agreement between a stud dog owner and a bitch owner should specify the eye health requirements both parties are meeting. Specifically, the agreement should state that:

• The stud dog holds a current OFA Eye Certification, with the specific certification number and examination date included in the contract
• The bitch holds current OFA Eye Certification with the same specificity
• Both parties have reviewed each other's complete eye exam history and found it acceptable for their breed's standards
• DNA testing requirements for breed-specific conditions have been met, with specific test results documented

Including OFA certification numbers in the contract creates a verifiable record. Anyone can look up those numbers in the OFA database and confirm the certifications exist. This is more robust than a general statement that the dogs are health tested. The guide to certification codes helps you document findings accurately in contract language.

The agreement should also specify what happens if the stud dog's certification expires before the breeding takes place. If the current certification expires in September and the planned breeding is in November, the agreement should require recertification before the breeding proceeds, not simply rely on the certification current at signing.

Puppy Purchase Contracts

A puppy purchase contract should document the eye health status of both parents and the puppy at the time of sale. Include the following:

• Sire's current OFA Eye Certification number and date of examination
• Dam's current OFA Eye Certification number and date of examination
• Any DNA eye test results for both parents, specifying the laboratory, test performed, and result
• Results of any puppy eye screening performed at six to eight weeks, with the examiner's name and date
• A clear statement of what the seller warrants and for how long

The warranty section is where most disputes arise. Be specific and realistic. A warranty that the puppy is free from hereditary eye disease indefinitely is unenforceable and unrealistic. A warranty that both parents held current OFA certifications at the time of breeding, that the puppy's eye exam at six weeks showed no hereditary conditions, and that the seller will work with the buyer if hereditary eye disease is confirmed by an ACVO diplomate within the first two years is specific and defensible.

Buyers should understand what they are receiving. The guide for puppy buyers on certification records is worth sharing with your buyers so they understand what the documentation means and what appropriate follow-up involves.

Specifying Buyer Obligations

Eye-related warranties work best when contracts also specify buyer obligations. Consider including provisions that:

• Require annual eye certification if the puppy will be used for breeding
• Require the buyer to notify the seller if hereditary eye disease is diagnosed at any point in the dog's life
• Specify that warranty claims must be supported by examination results from an ACVO or ECVO diplomate
• Define what constitutes an actionable diagnosis versus a Breeder Option finding

Notifying the seller when hereditary conditions are diagnosed is not just contractually useful. It provides the breeder with information that may be important for the health of the overall breeding program. A responsible buyer who discovers their Collie has developed Progressive Retinal Atrophy is helping the breed by informing the breeder, even if the breeder did everything right. Some breed clubs now feed this kind of buyer-reported data back into their open health databases, which is how late-onset conditions get tracked across a pedigree. Notification clauses build that expectation into the relationship from day one.

Co-Ownership Agreements and Eye Health

Co-ownership arrangements, where a puppy is sold with the understanding that the original breeder retains some breeding rights or responsibilities, require particularly detailed eye health provisions. Specify who is responsible for annual eye certification, who pays for examinations, and what the co-owner must demonstrate before the dog is bred.

If the original breeder plans to breed the co-owned dog back, clearly state that they will verify current OFA certification before proceeding. If the co-owner wishes to use the dog at stud or as a brood bitch, specify what certification standards must be met. Co-ownership disputes are among the most contentious in purebred dog communities, and ambiguous health requirements make them worse.

Show Versus Pet Contract Distinctions

Many breeders sell puppies under different terms depending on whether they are going as show/breeding prospects or as pets. Eye health provisions should reflect this distinction. A pet puppy sold with full spay/neuter agreement may not require annual eye certification, though it is still worth encouraging. A show/breeding prospect sold with full AKC registration and breeding rights should have more stringent health documentation requirements spelled out clearly.

For breeding-quality placements, consider requiring certification before any breeding occurs rather than just at the time of purchase. A two-year-old dog being evaluated for her first breeding has more complete health information available than a puppy. Requiring certification at breeding time protects the breed more effectively than requiring only documentation at the time of sale.

Record Keeping After the Contract Is Signed

Keep copies of all signed contracts and the health documentation they reference indefinitely. Hereditary eye disease claims can arise years or even decades after a sale. Having the original contract, the OFA certification numbers, and the examination results on file protects you from claims you cannot otherwise dispute.

A spreadsheet or database tracking which buyers received which dogs, what health certifications were in place, and what follow-up contact has occurred is invaluable. When a buyer contacts you five years after purchase, you want to be able to pull their dog's information immediately and speak to the specifics of that puppy's health documentation.

The timing guide for retesting gives you a framework for understanding when certifications expire and need renewal, which is directly relevant to which certifications should be current in any given contract.