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While is may not be legal to take the dog off someone who breeds it with a non breeding agreement in place, it can be stipulated that if the owner of the dog not adhere to the terms as agreed upon, they agree that they can be sued for any amount of money, but it should be a fixed amount.
It is Barbara's experience that certain types of contracts seem to be more enforceable than others. Contracts with animal breeders regarding breeding rights seem to be strongly favored by the courts.
Many people think it is ethically wrong to sell without giving the buyer the right to breed the dog unless that is clearly stated in the kennel agreement of the buyer. Without breeding rights, puppies won't be able to join the kennel club of their choice in the future.
The contract should include information on the dog's health, vaccination history, and any microchip information. It should also specify what is included in the sale (such as food, toys, and veterinary care). Most importantly, it should state what will happen if the dog is ever returned to the breeder.
The Buyer agrees that the puppy will not be used for breeding and may be spayed or neutered if the new owner feels there is a health reason for altering the dog. Said pup will otherwise not be bred without consultation with the breeder or will be considered in violation of contract.