A written agreement can protect a transferor

A written agreement may go a long way to relieving a transferor from liability for dog-inflicted injuries. If you are an adoption agency or rescue group, you should use the agreement included in Avoiding Liability When You Train, Shelter or Adopt-Out. If you are a non-commercial seller or buyer of a dog, you should write a contract that contains the following provisions, at a minimum:

Identify the dog, the seller and the buyer, as accurately as possible. State the price and the date the price was or will be paid. Specify the date that ownership passed or will pass from the seller to the buyer.

Disclose the dog's age, gender, breed (if known), diseases, illnesses, injuries, disabilities, vaccinations, next vaccination date, and special requirements.

Disclose any problems with the dog's temperament, whether it is hostile or afraid of children, whether it has bitten anyone, whether it has any dangerous propensities, whether it has the propensity or habit of attacking other animals, and whether it has been declared a dangerous, vicious, or potentially dangerous or vicious dog. Please note that the transfer of a dangerous dog might lead to liability on the part of the former owner, despite anything to the contrary in the contract. Courts will not enforce a contractual provision that is contrary to public policy, or that restricts the rights of a third party such as a dog bite victim.

Disclose whether any professional has given an opinion, advice or warning about the dog's health, socialization, training, or temperament. Recite that the registration and health records of the dog have been or will be given to the new owner.