If breeder breaches contract, is the contract still valid?

Question

I purchased a puppy from a dog breeder. My husband signed the contract without reading it. On the contract it states that the dog must be neutered. I was not planning on neutering my dog so I was upset when I read the contract. It also said she had all her shots. I was going to take her to the vet and I called the breeder and she said she never gave her shots and the only shot she did give her was expired. I was upset and told her that in the contract she said the dog was up to date with all her shots. I want to know if she broke the contract after lying about her shots. Do I still have a valid contract? Do I still need to get my puppy neutered?

Answer

I hope the dog is doing well. It is important to carefully review a contract before signing it. A breeder's violation of a contract provision does not necessarily negate the entire contract. A breeder who mistakenly or falsely represents that an animal is up-to-date on vaccinations may be liable to the purchaser for the cost of the vaccinations and other damages that may result from the delayed vaccinations. Some contracts provide that a breeder may reclaim an animal if the purchaser does not comply with the spay/neuter or other contract provisions. In the future, consider adopting, not shopping. There is a serious overpopulation of dogs that is exacerbated when people fail to have their dogs spayed and neutered. Spaying/neutering also provide health benefits.