Finding the right breeder for you
Breeder practices for puppy buyers
Breeders have different objectives and reasons for owning dogs and producing litters of puppies. At this time it is possible to obtain a Berner from a wide array of breeders. Please don't hit the panic button. It is not necessarily wise to get a dog from the first breeder you find with a puppy available. Thoroughly familiarize yourself with the differences that exist in breeders' policies, their focus and reasons for owning and breeding Bernese. The manner in which breeders transact the business of breeding and selling pups will be important for you to consider. Be clear about breeder services offered before and after the sale.
About breeders' approach and focus
Breeders engaged in perpetuating any breed should take the breeding of dogs seriously. The decision to produce offspring from a carefully selected breeding pair requires that both breeder and stud dog owner make every effort to ensure that progeny will be good examples of the breed.
Breeders also make special efforts in selecting homes for their pups so they will live happy lives with people who appreciate their value and will provide necessities for the pup to develop and maintain a good life. - Open, honest sharing of facts concerning health, structure, temperament and type characteristics of BMDs is essential.
- Every breeding dog came from a family of dogs. Understanding all assessable traits possessed by families of dogs, in addition to accurate evaluation of traits possessed by individual dogs used for breeding is critical to insuring a promising future for the breed.
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Puppies should be carefully evaluated and placed by the breeder. Puppies placed as future breeding stock should be assessed in terms of their potential to contribute positively to the gene pool.
Breeders placing a dog as breeding stock must assume the responsibility for ensuring that the new owner is committed to applying standards and management practices that will enhance breed welfare. - Puppies that are evaluated prior to placement and deemed to be lacking in breed characteristics sufficient to be used as future breeding stock should be sold on spay/neuter contacts and AKC Limited Registration.
Effort should be made to determine that the owner's management and home will be adequate to meet the dog's needs and NOT result in the dog becoming a public burden or nuisance.
Breeders should define for themselves and others their priorities and purpose for breeding BMDs.
Does the breeder of your puppy fit the description?
Responsible breeders do...
Provide safe nurturing conditions for their dogs and for any dogs they place with other owners.
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Why is it important?
Because the welfare of BMD's should be the paramount goal of any Bernese Mountain Dog breeder.
Learn about your interests and goals in dog ownership.
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Why is it important?
Because if the breed or individual dog and its owner aren't well suited to each other, the dog could develop behavior or health problems causing the owner and the dog to be discontented.
Know their family of dogs well and will not place a dog before they know if a dog is a good match with the lifestyle and expectations of the buyer.
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Why is it important?
Because every family of dogs possesses unique traits and has its own particular management concerns which affect the dog's suitability for its owner.
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Are committed to developing and sharing information on BMD health and management issues.
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Why is it important?
By having a resource, who can offer valuable dog management advise, you can save time and money, and maximize your effectiveness training and-caring for your dog.
Believe it is important to have extensive information on the health, structure and character, plus any other useful information about their dogs and those dogs' ancestors, before undertaking any breeding.
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Why is it important?
Because you are more likely to get a dog that will live a long life in good health, if breeding dogs are paired to maximize family strengths and minimize family weaknesses.
Will never tell you that their dogs come from pedigrees with no health problems.
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Why is it important?
The fact is, ALL BMD pedigrees contain dogs with good and problematic traits. A breeder who is able to assess and represent an accurate picture of their breeding program is realistic and honest
Will try to gather and share pertinent genetic information on their breeding dogs, which includes (but is not limited to) providing, upon request, copies of certifications for hips, elbows, eyes, heart, thyroid, and von Willebrands disease as issued by recognized registries such as OFA, GDC, CERF, etc...
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Why is it important?
When dogs produced, from a well executed breeding strategy, undergo genetic screening, the information can be applied by the breeder to make breeding choices that minimize faults in ALL dogs, both future breeding animals as well as those placed as non-breeding pets.
Will not sell breeding/show stock to owners who are not seriously interested in pursuing those objectives.
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Why is it important?
Breed/show stock often cost more and require a considerable commitment of time and resources by both the breeder and the owner.
Provide you with a pedigree of the puppy, including health, structure and temperament information on the parents and ancestors.
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Why is it important?
Because the depth of pedigree information that a breeder has and provides allows both the breeder and you to have a firmer grasp of what can be expected in puppies and adult dogs.
Provide you with a written contract before there is any exchange of money, including a deposit.
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Why is it important?
It is important for you to have a written record outlining the breeder's and your responsibilities, including definition of what kind of dog and services you are paying for.
Will clarify, to your satisfaction, any unclear contractual obligations or any notable conditions which could act to nullify or change any guarantees.
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Why is it important?
Allows you to be assured that the contract you will sign, at the time you get your dog, is a workable and acceptable agreement between you and the breeder.
Provide you with copies of AKC registrations for both the sire and dam.
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Why is it important?
Proves your puppy is a purebred BMD, and further, that the parents of your dogs were registered as breeding stock animals with the AKC.
Take pride in how their dogs are kept and will have no problem with you scheduling a visit to their property.
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Why is it important?
Allows you to meet the dogs and their owners so you can see the conditions and assess the character of the breeder and their dogs.
Will never sell pups or dogs to agents, brokers or pet shops.
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Why is it important?
Because the resellers' focus is not the welfare of dogs but is for the resellers' financial gain.
Accept lifetime responsibility for dogs they place, including assisting in re-homing a dog if necessary
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Why is it important?
No breeder should ever be responsible for adding to society's burden of unwanted, homeless animals.
Will provide veterinary references and/or references of people who already own dogs from the breeder.
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Why is it important?
Vet references or references from people who have actually bought dogs from the breeder allow you to get someone else's view of that breeder.
Should always try to be available to answer questions and encourage you to share information and comments you have about your dog
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Why is it important?
Provides you with a breeder who cares about the kind of dogs they produce and one who is interested in helping you with your dog.
The bait ~ gorgeous fluffy puppy pictures
What kind of information do you find on breeders' websites?
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The pictures are soooo cute, nice dogs.
The text you found on the website says...
"Big Beautiful Berner puppies ready soon. These dogs are our pets. The puppies will have the original Bernese Mountain Dog "look". Big boned, bear heads, beautiful thick coats. "Champion lines" and "show quality" price includes shipping. Please contact us for more information and more pictures."
Price: $ 1,100 USD.
Looks good. Sounds better. RIGHT?
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"The pups are raised to become your pet. They come from "Champion" lines. They are big, have nice heads, thick coats, and can be bred so you can get your investment back."
The pups are only $1,100.00.
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Call 'em up.
Wow, this breeder sounds so nice on the phone. He tells you the puppies are AKC registered, guarantee against defects for up to 1 year. The baby's dewclaws have been removed (but you see in the pictures that the mother still has hers); the pups are wormed and if you come and get the puppy this breeder will release the baby Berner at 6 weeks, other wise you'll have wait till 8 weeks for shipping.
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Guaranteed against defects. Hot dang, that's a great deal. Gotta love a guarantee.​ Huh??????? What defects? The breeder wasn't too specific, but you are going to get a contract with the "guarantee". No worries.
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You fell for it.
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Does that kind of guarantee have a dozen automatic escape clauses? Will the breeder you choose blame the lameness, the shyness, the allergic reaction to vaccines on you, the new owners? Will the "guarantee" be void based on the food you fed the puppy, or because you let the puppy walk on stairs, or the myriad of things that breeders use as 'outs' in their 'contracts'?
​​​While on the phone, did the breeder mention anything realistic about health or orthopedics in their dogs? Or are all their dogs perfectly healthy, all sound? Really!!! Is that right? Take two. You can breed them later. Maybe you'd like to purchase some swamp land in Florida. A representative will be calling.
Did the pages on the website show you a pedigree? Did the breeder mail you a pedigree? NO!!! Why not? Isn't the family of dogs from which your puppy comes known or worth knowing too much about?
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Does the breeder mention genetic testing done on the pup's parents? NO!!! Guess that's not too important. Even with all of the orthopedic, heart, thyroid, eye and malignancy issues this breed faces, your puppy won't inherit any of these conditions because ALL the dogs in your puppy's family are healthy, not a bad one in the bunch. Or will it?
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Don't fall for it.
Can you find a Bernese Mountain Dog by shopping the internet? Yes!
It's easy to find Bernese breeder websites, breed information websites and pictures of beautiful Bernese.
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The search for a pup and a breeder can be as simple as clicking on a website, looking at a few dogs pictured and picking up the phone or emailing a breeder.
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If the dogs' pictures look good, what could possibly be more important than that?
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If the breeder has pup available, what more do you need to know?
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Seems pretty simple and straight forward. You want one, the breeder has one.
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Buy the puppy.​
But wait!
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Just what are you buying? You think you are buying a puppy that will become a wonderful pet. Will you be that lucky?
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Did the breeder seem to care about you? Did they ask you any questions about the things you wanted in a dog? Or did they quickly rush you into completeing the transaction?
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Better breeders take a PERSONAL interest in knowing what the dog's life would be like
and in YOU as a person, as well as a future owner of one of their dogs.
You will find that most Bernese breeders are very inquisitive about prospective purchasers. Expect to be asked lots of questions about your family, your home, your lifestyle, your job and your schedule. Any reputable breeder will want to make sure that potential owners are knowledgeable and committed, and that a Bernese Mountain Dog is a suitable choice under the circumstances. Answer honestly...its not a test. And remember, just as you have the right not to buy from a certain breeder, every breeder has their own criteria for deciding where their puppies are placed.
Questions, questions, questions ~ what to ask the breeder
As a buyer, you should be focused on finding a breeder that you both like and respect. You should have the same or similar views on development and training issues. You should understand and agree with the breeder's goals, both in general and with respect to the breeding pair in question. You should be comfortable that the breeder will be a resource available to you in future years.
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Remember...in all likelihood you will choose a breeder or breeders months before the puppies are actually born. Since most breeders have waiting lists, you are truly choosing a breeder and not choosing a puppy.
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Thus, it becomes absolutely critical that you ask the right questions so you can make an informed decision.
Although not an exhaustive list, the following questions are an excellent start. Don't plan to rattle through every question with every breeder. Instead, use the questions that are really important to you to help narrow the list. Then, as the breeders get to know you better, you can continue your education as well.
The only wrong way to buy a puppy is to not ask any questions at all.
​About the breeder
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What is your name, address, telephone number?
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Are you a member of the National Club? Regional Club?
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Can you provide me with references for you and your dogs?
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Availability
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Do you have any puppies now? Are you expecting a litter?
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What are your future breeding plans? Do you have a waiting list? How long?
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What is the likelihood that I might be able to get a puppy from you?
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What do I have to do regarding reservations? Do you have a reservation contract?
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If I place a deposit with you, under what conditions will/can my deposit be returned?
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Are you aware of other breeders I might contact?
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Breeding program
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How long have you been a breeder?
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How often do you breed a litter of puppies?
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How many litters have you produced? How many litters have you bred this year?
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What type of successes have your dogs had in the show ring?
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Do you breed other breeds?
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Is breeding Berners a full-time job, or a hobby?
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Do you cull your litters (and if so, on what basis)?
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What are your personal goals in your breeding program?
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What can you tell me about the longevity background of the dogs in your pedigree?
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What is the oldest Bernese you have produced? What have your dogs died of and at what ages?​
Parents of puppies
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Sire's stats (name, height, weight, etc.) and dam's stats (name, height, weight, etc.)?
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Can I see either or both parents in person or photographs? Other family members?
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Can I have a copy of pedigrees on current and future litters?
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What titles, awards, have these dogs won/been awarded?
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What are the strengths and weaknesses of the sire and dam?
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Why did you decide to breed these two dogs?
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Hip & elbow dysplasia, OCD
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What can you tell me about the orthopedic background of the dogs in your pedigree (and siblings)? Are parents and grandparents clear (for hips and elbows)?
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Is this information clearly available on your pedigree?
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Are the parents certified by (OVC, OFA, GDC, etc.)? What are the certification numbers?
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Statistically speaking, what have you been producing as far as clear orthopedics in your litters?​
Other health issues
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Have there been reported cases of cancer in your line? If so, what type(s) and where in the pedigree has it occurred? Histiocytosis?
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Has either of the parents been assessed for thyroid problems?
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Has there been, to your knowledge, any history of Lymphocytosis? Bloat? autoimmune Diseases? Allergies? Lupus? Immune Mediated Meningitis? Renal Failure? Seizures (including "fly snapping syndrome")? Other?
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Are the parents certified free from hereditary eye disease? PRA (progressive retinal atrophy)? Cataracts?
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Have any puppies you bred had any of these problems?
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Were there any developmental health problems with the siblings in this litter (i.e., parvo, worms, etc.)? Other litters of the same parents?
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Contracts/guarantees
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Will there be a contract? What is included?
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Can I have a copy of your contract to review?
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What guarantees are given under the contract?
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At what level does the guarantee come into effect, and who or what decides this?
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If there is a replacement puppy, what happens to the initial dog purchased?
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How do you differentiate between pet and show quality puppies?
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How much for a show quality puppy? How much for a pet quality puppy?
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Do you require spaying/neutering for pet quality pups?
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Do you require that puppies be sold with a co-ownership? If so, what are my obligations?​
Early development issues/placement
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What type of temperaments are you producing? Do you temperament test?
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What do you do in raising puppies to help produce well-rounded temperaments?
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Have your temperaments and working ability in your dogs/line been confirmed through obedience, draft, tracking or agility competition?
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At what age do you let your puppies go? What training will they come with?
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What will you be providing me in terms of information with the puppy?
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How involved as a breeder do you want to be in the raising of this puppy?
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Will he/she be crate trained when I get this puppy?
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What do you recommend (or not recommend) for feeding the pups?
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When do you recommend switching to adult food?
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If the food not readily available in a grocery store where can I get it? How much is it?
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What vitamin supplements (if any) are recommended?
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Are your dogs kennel or house dogs? Are your puppies raised in the kennel or house?
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What do you do to socialize the pups? With people? With other dogs?
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Tell me your thoughts on immunization for this pup? X-rays? Elbow and hip certification?
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Breeder/owner interaction/support
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Are you available as a resource for information re: problems with puppy?
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Would you be willing to take the pup for a week while we are on vacation?
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Do you recommend any particular veterinarian or animal hospital? Why?
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Do you recommend any particular emergency veterinary care facility? Why?
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Do you recommend any particular kennel or boarding facility? Why?
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Can you receive email? Are you subscribed to the Berner Mailing List?​
If you don't understand what some of the questions mean, then ask the breeder! Just say that someone suggested that you ask this question, and would they be so kind as to explain the significance of the question as well as the answer. Again...you will impress the breeder by showing that you've done your homework to know what questions to ask, and by showing that you're still continuing your learning process.
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As far a selecting a puppy, you might not have a choice. Many breeders will do the selection themselves. This may involve temperament and personality testing, and this may also be a function of dividing show and pet quality puppies. The breeder will try to best match each puppy with the prospective owners. If you trust your breeder, then trust their selection.
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One final thought on selecting a puppy: don't get hung up on perfect markings. Unless you're buying a show quality pup, you probably won't get a perfectly marked Berner (even if such a thing existed). The true magic of the Bernese Mountain Dog is its boundless love and affection, not its markings. An over-marked or under-marked Berner can be just as sweet, just as gentle, and just as wonderful as every other Berner. Beauty is only fur deep!
Pedigrees ~ the importance of a Berner puppy's family tree
A pedigree represents a family. The names contained in pedigrees represent real dogs. How the dogs in your puppy's family tree lived, their temperaments, their physical capabilities and how and at what age they died has a bearing on your puppy's health, structure, soundness and temperament. All puppies are cute. What you see in a 7 or 8 week old puppy doesn't tell you too much about the genes the puppy carries. The pup inherited its genes from its family.
Most people are looking for a breeder that will sell them a healthy,
happy pet. Take a look at the BIG HEALTH PICTURE page to get an sense of health challenges that affect some Bernese. Many inherited health conditions and orthopedic defects aren't readily apparent until a pup reaches 6 months of age or older.
The health and temperament of the dogs represented in the pedigree of your puppy has a direct influence on whether the dog has a good chance of growing up to become the healthy, happy dog you were looking for or a dog that grows up into a pet that costs you time and money to provide medical care, special food, surgeries or medications just to keep the dog comfortable. Ask the breeder from whom you plan to buy your Berner about the pup's ancestors. And ask to see a pedigree. Many reputable breeders know a great deal about the dogs represented in the pedigrees of the dogs they have chosen to breed. Some breeders can provide prospective puppy buyers with a puppy's pedigree which shows pictures of ancestors, and lists age and cause of death along with orthopedic certifications for hips, elbows, eyes or other genetic tests for dogs represented in the pedigree.
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Berner puppy buyers are encouraged to visit Berner-Garde and do a "People" search to verify that the breeder of their pup participates in submitting health and pedigree information on their dogs.
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The pedigree ('in plain English') shown below is meant to bring to light some of the key issues Bernese Mountain Dog puppy buyers should be concerned about when asking a breeder about dogs represented in a pedigree.
Pedigree for a Bernese Mountain Dog puppy ~ this is a fictitious pedigree
My New Puppy Girl
Date of Birth 12/20/2006
Where was I raised?
What am I going to grow up to be like?
Will I be healthy?
Will I limp?
Will I live a long time?
Should I be bred?
The Puppy's Father
Is he registered with AKC?
How old is he?
Does he have hip or elbow clearances?
Has he had any genetic testing done?
What kind of temperament does he have?
The Puppy's Paternal Grandfather
Was he a big dog?
Is he still alive?
Did he have allergies to food?
The Puppy's Paternal Grandmother
Did she have c-sections?
She's still alive at age 12 and so are all her sisters.
She produced lots of conformation champions.
The Puppy's Mother
How old is she?
How are her littermates doing?
Has she had other litters?
Does she have a good temperament?
Was she easy to train?
The Puppy's Maternal Grandfather
He retired at age 5 and was a top winning AKC champion.
He had surgery for bloat at age 2.
His offspring from 20 litters had good orthopedics, many got hip and elbow clearances from OFA.
The Puppy's Maternal Grandmother
She died at age 3 of cancer.
All her littermates had health problems, most died before age 7.
She had 2 litters; several went to breeders.
Comparing breeders
Here is a suggested point system for comparing breeders. Tailor it to suit your requirements. If health and longevity are of utmost importance to you, give more weight to that section. If temperament and obedience is more important, give additional weight to those issues.
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This is not intended to be a questionnaire for you to give a breeder to fill out. It is designed to give people who have never bought a dog a basis for evaluating different breeders. All breeders are not alike, and they will each emphasize different priorities in their breeding programs. What you will want to do is to find a breeder that you are comfortable with, someone who won't change her phone number after you buy the puppy. The breeder should want - or better yet require - feedback from you as the puppy grows. She should want to know of any problems or the lack of problems in order to continue to make the most informed breeding decisions.
This checklist is something that you should be able to fill out with ease after talking to each breeder. If there are things in here that you do not understand, read more about dogs, more about the breed, and more about choosing a breeder. The puppy you select will have a better chance of growing up to be a healthy Berner who can be a loving companion for many years, if you do your research first. There are plenty of puppies available, but finding the right one for you is up to YOU to find, recognize, and develop.
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Just as you will have a great many questions for the breeder, don't be surprised if the breeder has some questions about your suitability as the adopter of her puppy! As a matter of fact, if the breeder is willing to part with a puppy without checking into your ability to provide the proper home, beware! A good breeder should be very concerned that her pups will have the very best environment, and won't wind up running loose in the street, dumped at the SPCA, or returned to her because they got too big or just don't go with the color scheme anymore!​
Glossary
Registries:
Open registry - repository of health test results, allows full access to the information.
Closed registry - allows breeders and owners to register results of health tests, but does not allow anyone to find out anything but good results.
Berner-Garde - Bernese Mountain Dog data repository used to track health trends and provides kin reports on request.
CERF - Canine Eye Registry Foundation - closed registry of eye tests.
OFA - Orthopedic Foundation for Animals, closed registry of hip and elbow results.
GDC - Genetic Disease Control, (no longer in existence/results from GDC transferred to OFA) open registry of hip and elbow results, tumor registry, eye tests, as well as other health problems.
PennHIP - Penn Hip Improvement Program - closed registry of hip laxity measurements. Uses a DI (distraction index), a number from 0.0 - 1.00 with the lower the number the better the hip.
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Breed health problems:
Cancer - mast cell, malignant histiocytosis, lymphoma, and others (some are hereditary, some are not)
Heart - SAS - sub-aortic stenosis - hereditary
PRA - progressive retinal atrophy, dogs become blind - hereditary
CHD - Canine Hip Dysplasia, malformation of hip joints - hereditary in part, and partly environmental
ED - Elbow Dysplasia, malformation of elbow joint, see above
OCD - osteochondritis dissecans, cartilege problem, see above
PSS - portosystemic shunt, blood does not flow to the liver properly, some forms may be hereditary glomerulonephritis - kidney does not develop properly - hereditary
allergies - food, skin, inhalent, topical, you name it - may be hereditary
Kennel clubs and titles:
AKC - American Kennel Club - registers dogs claimed to be purebred by a breeder. Not a guarantee of being either purebred or healthy.
CKC - Canadian Kennel Club - see above.
UKC - United Kennel Club - slightly different flavor of registry, with more emphasis on obedience competition.
CH - champion. A dog was said by several different judges to be the best non-champion dog at several different shows. Not a guarantee of anything.
CD - companion dog. First level of obedience titles, followed by CDX (companion dog excellent), UD (utility dog), UDX, OTCH (Obedience Trial Champion). Note, only 2 Berners to date have ever gotten a UDX!
NDD - novice draft dog. First level of carting titles, followed by DD.
TD - tracking dog. First level of tracking title, followed by TDX.
TT - temperament tested. Not an AKC recognized title, but allows the dog to be used for therapy work.
CGC - canine good citizen. Dog was tested for basic behavior and control. Well behaved in public. Maybe.
NA - novice agility.
HD - herding dog. Not a title yet recognized for Bernese Mountain Dogs.
A lawyer looks at breeder contracts - tips for both the breeder and the puppy buyer
Ruth Nielsen, Esq.
INTRODUCTION:
I am an actively practicing attorney with my own law firm in Seattle, Washington, and my Bernese Mountain Dogs are my very helpful office assistants. Over many years of mixing my legal practice with my Berner obsession, I've reviewed a number of Breeder contracts, and I've had both breeders and puppy buyers come to me for help when they've ended up in a contract dispute. While the best solution is to avoid having the dispute in the first place, whether you are a breeder selling puppies, or a puppy buyer looking for that perfect addition to your family, the contract you have can help save you disagreements and disappointment down the road.
This article is NOT intended to provide legal advice since laws can vary from state to state, and individual situations also require individual solutions. My goal is to share a few tips and
suggestions to help you use and understand the benefits of a good contract, and most importantly, to help you avoid the pitfalls that can come with miscommunication and misunderstandings.
WHY HAVE A CONTRACT WHEN YOU BUY OR SELL A PUPPY?
The topic of Breeder Contracts is not something that can easily be covered in one article, and that doesn't even get to the issues related to Stud Dog Contracts and other types of Breeding Agreements. Who knew just getting a dog could be so complicated?
FROM THE BREEDER'S PERSPECTIVE - A good contract helps explain what you expect from a puppy buyer, and provides some protection from people who might mistreat or misuse the puppy you place with them. If your contract is TOO restrictive or unreasonable, however, you invite the Buyer to go down the road to the Back Yard Breeder or Puppy Miller who will sell them that cute puppy with a smile, no questions asked.
FROM THE BUYER'S PERSPECTIVE - A good contract is an indication that the breeder has done her homework and cares about the dogs she breeds. The contract should help you understand what the breeder expects from you, and what you can expect from the breeder for the life of your dog. If you are not comfortable with what the Breeder wants you to sign, ask questions! Make sure you get any explanations or changes to the contract in writing as well. Don't sign what you don't understand or don't agree with.
RED FLAGS ~ As a Breeder - If a Buyer doesn't want to sign your contract or questions the need for one - this is someone who is likely not going to respect your wishes down the road. You need to find homes that are compatible with your goals and expectations as a Breeder.
As a Buyer - if the Breeder doesn't have a contract or tries to tell you that contracts don't mean anything, this suggests the Breeder isn't promising you anything and likely hasn't done all the research and health certifications that a good Breeder would want to tell you about. Don't expect this Breeder to provide you any help or support down the road. Without a contract, the Breeder owes you nothing and she is not standing behind the puppy she bred. You can do better.
A CONTRACT = CLEAR, CONCISE, COMMUNICATION
CLEAR = Format your contract so it's easy to read using tools like paragraph headings, numbering, or bullet points for emphasis. Put key points in separate paragraphs so they stand out. Important topics will get lost if they are buried in long-winded paragraphs and pages of dialog.
CONCISE = Unless you are writing a contract for a complicated breeding or showing arrangement, you really don't need a novel-length contract. A document that is solely focused on the critical points of what both Breeder and Buyer promise will be much more effective than a long winded history of the kennel or the breed with the important information lost somewhere in the middle.
COMMUNICATION = Both parties need to understand what the contract means. If you are the Breeder, be open to questions and be ready to explain. If something isn't clear then you can revise the Contract to make it easier to understand. If you are the Buyer, ask before you sign and make sure you know what the Breeder expects of you when you walk away with that puppy! Communication will hopefully continue for the life of the puppy…but it has to start before you sign on the dotted line.
MENTORING OR MICROMANAGING?
Some breeder contracts I have reviewed take micromanaging to a whole new level. Telling the puppy buyer what to do with every single aspect of the dog's life can go beyond helpful to obsessive. I suspect that many judges would simply laugh at contracts that have such a restrictive list of requirements that the buyer has little say in the dog's day to day life, and would throw the whole contract out the window.
As a Breeder - you ARE selling the dog to someone else. If you want the Contract to have meaning, don't make it unreasonable. At some point the Buyer is going to make decisions about the dog's daily life including food, activity, socialization and health - and no judge is going to take someone's dog away from them because they didn't feed the brand of kibble that the Breeder put in the contract. If you don't trust the Buyer to take care of the dog, then don't sell them a dog in the first place.
SEPARATING REQUIREMENTS FROM RECOMMENDATIONS
A suggestion to Breeders for keeping the Contract clear and concise - and avoiding unreasonable micromanaging - is to give the Puppy Buyer two different Documents. One document is the CONTRACT, and the other document is a list of RECOMMENDATIONS. The Contract should focus solely on those items that are non-negotiable - what I call the "Deal Breakers". A Deal Breaker is something you are willing to fight over, and something you would ask a judge to enforce if you could. Deal Breakers might include things like spay/neuter, non-breeding, OFA x-rays and health clearances at a certain age, and listing the dog in Berner-Garde. Recommendations might include things like feeding a certain food, going to puppy class, limiting certain activities at certain ages. The Contract can refer back to the list of Recommendations as well, but the truly critical points in the puppy purchase are separated from the day to day advice on raising and training a dog.
What constitutes a "Deal Breaker" or a Recommendation will vary from Breeder to Breeder, but if you stick to the true DEAL BREAKERS in your Contract, and put all the great advice into a separate list of Recommendations, the Contract will be much more powerful and it will be clear to any Puppy Buyer what things are simply not subject to compromise. In the painful event of a ​serious dispute, a court is more likely to enforce terms that are
clearly spelled out as essential to the Breeder's agreement to sell the puppy in the first place. Not everything is a Deal Breaker - Remember, if the contract is too overbearing and unreasonable, it likely won't be enforceable.
ENFORCING THE CONTRACT - STICKS AND CARROTS -
As a Breeder - What can you do to make it more likely that your Contract will be followed - and how can you enforce the terms of the contract if it's not? Of course, avoiding a dispute is the best way to go if possible since going to court is expensive and inconvenient at best, and a horrible nightmare in addition to being expensive at worst (I can say that since this is what I do for a living --)
Some breeders use the "carrot" approach and provide incentives for Buyers to meet the terms of the Contract such as spay/neuter requirements and OFA x-rays. Incentives can include things like a financial rebate when the Buyer provides proof that the puppy has been neutered, or the Buyer provides copies of OFA x-rays or other health certifications. Some Breeders that want to encourage certain activities with the dogs they breed also offer financial incentives or rebates for titles earned.
Since the "carrot" approach doesn't work for everyone, the "Stick" can also come into play where a specific penalty is spelled out in the contract. Most courts will recognize what is known as "liquidated damages" - a specific monetary penalty that the parties agree in advance will be imposed if the terms of the contract are breached. The amount of the penalty must be clearly spelled out in the contract, and the amount can't be unreasonable or excessive. For example, if the contract is for the sale of a Bernese Mountain Dog for $2000, then courts are unlikely to impose a $25,000 penalty for the failure to xray the dog since the amount of the penalty is many times the value of the dog. But - if the penalty is for breeding the dog in violation of the contract, then a higher financial penalty would make sense, since otherwise an unscrupulous buyer could breed the dog and still make money by selling the puppies. If you want to use the "stick" approach by imposing a financial penalty, a good local lawyer could give you guidance on what would be considered an appropriate penalty in your area.
Another big "stick" to help enforce the contract is to specify that if there is a dispute and the Breeder has to bring legal action to enforce the contract, the Buyer will pay attorneys fees. One tool that I have used in breeder's contracts is a provision that any contract dispute will be handled in the court system where the breeder lives. Other options that might be available in your state to make it easier to enforce a contract include options like arbitration or small claims court. Having a local attorney help you write your contract will give you the best tools for enforcement since the ability to collect attorneys fees and other enforcement tools can vary from state to state.
WHAT'S IN IT FOR THE PUPPY BUYER - PROMISES, GUARANTEES AND SUPPORT
As a buyer who might feel overwhelmed by all the requirements the Breeder has in the contract - the question is - what's in it for ME? Buyers should be looking at the Contract to see not just what the Breeder requires them to do, but what has the Breeder promised to do for them? Is there any kind of Health Guarantee - for example, what will the Breeder do if the puppy is diagnosed with hip or elbow dysplasia? What does the Breeder promise or require if the Buyer is unable to keep the dog for any reason? What kind of support, if any, does the Breeder offer for the life of the dog? The contract is not just a list of what the Buyer promises to do, but it should also include what the Breeder promises to do as well. Buyers should look for responsible breeders who stand behind the dogs they breed by promising support and a willingness to take the dog back for the life of the dog.
TIMING IS EVERYTHING - WHEN IS THE CONTRACT REVIEWED/DISCUSSED?
The most important time to look at a contract is BEFORE you fall in love with the puppy. Breeders should provide their contract to puppy buyers in advance so they can weed out potential buyers who are not compatible. Buyers should read the contract before they experience puppy blindness that will impair their ability to read and understand what the breeder requires. And a good contract does not replace open, honest communication - but a good contract is also part of that open, honest communication. Make the contract you use - or the contract you sign - the foundation for a long, happy Breeder/owner relationship.
Where to go to start looking for Berner breeder
National Breed Club websites in North America
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Bernese Mountain Dog Club of America (BMDCA) (bmdca.org)
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BMDCA Breeder Referral (database - searchable by location)
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Bernese Mountain Dog Club of Canada
Bernese Mountain Dog Regional Clubs
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Regional Clubs listed below have up to date information about their Club's member breeders who are expecting litters or are looking for caring homes for Bernese Mountain Dog puppies.
​Where can you find out more about what you need to know about Bernese Mountain Dogs before you purchase one?
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Visit a Regional Club website. Each Regional Bernese Mountain Dog Club website offers educational resources including information on the breed's traits and requirements, training methods, canine behavior and management, health, genetics, care, feeding, grooming, breeding and showing. After you've done a little "homework", and you're sure you have the time and financial resources to provide a good home and environment for a Bernese Mountain Dog.
Take the next step.
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Make plans to attend a Regional Club event!
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Club events offer a friendly, casual environment in which you can meet dogs and talk with their owners and breeders. Regional Club websites list dates and times for club events.
The Regional Clubs' Breeder Referral programs goal is to help buyers find a Berner puppy that has the best chance to live a long healthy life from a conscientious, supportive, knowledgeable breeder. When contacting Regional Club breeders, be honest and open about what you are looking for in a companion dog and talk with the breeder about why you think a Berner would be a good match for your goals and reasons for keeping a companion dog.
Club breeders will want you to tell them about:
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type of dog(s) you own(ed);
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your current household members, schedule and lifestyle;
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whether you are looking for a 'Pet' or 'Show' or 'Working' dog;
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activities you think you might have an interest in pursuing with your Berner;
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the area in which you live, type of housing, and safe areas in which you can exercise your Berner.
Bernese Mountain Dog Club of Alaska
Geographic Area Served - Alaska
Web Site: http://www.bmdcofak.com
Bernese Mountain Dog Club of Central Virginia
Geographic Area Served - Central Virginia
Website: http://www.bmdccv.org
Bernese Mountain Dog Club of Finger Lakes
Geographic Area Served - New York
Web Site: http://www.bmdcfl.com
Bernese Mountain Dog Club of Greater Seattle
Geographic Area Served - Washington State, Oregon
Web Site: http://www.bmdcgs.org
Bernese Mountain Dog Club of the Greater Twin Cities
Geographic Area Served - Minnesota, Western Wisconsin, North Dakota, South Dakota and Iowa
Web Site: http://www.twincitiesbmd.org
Bernese Mountain Dog Club of Hampton Roads
Geographic Area Served - Southeastern and Coastal Virginia
Web Site: http://www.bmdchr.org
Bernese Mountain Dog Club of Nashoba Valley
Geographic Area Served - New England - Connecticut - Massachusetts - Maine - New Hampshire - Rhode Island - Vermont
Web Site: http://www.bmdcnv.org
Bernese Mountain Dog Club of Northeastern Illinois
Geographic Area Served - Northern Illinois
Web Site: http://www.bmdcni.org
Bernese Mountain Dog Club of Northern California
Geographic Area Served - Northern California
Web Site: http://www.norcalbernese.org
Bernese Mountain Dog Club of Oregon
Geographic Area Served - Oregon
Web Site: http://www.bmdco.org
Bernese Mountain Dog Club of the Rockies
Geographic Area Served - Colorado, Wyoming, New Mexico, Idaho, Utah
Web Site: http://www.bmdcr.org/
Bernese Mountain Dog Club of Southeastern Wisconsin
Geographic Area Served - Wisconsin, Illinois, Iowa, Northern Indiana
Web Site: http://www.bmdcsew.org
Bernese Mountain Dog Club of Southern California
Geographic Area Served - Southern California
Web Site: http://www.bmdcsc.org
Bernese Mountain Dog Club of Watchung
Geographic Area Served - New Jersey, Southern New York, Eastern Pennsylvania
Web Site: http://www.bmdcw.org
Blue Ridge Bernese Mountain Dog Club
Geographic Area Served - North Carolina and Southern Virgina
Web Site: http://blueridgebmdc.org
Chattahoochee Valley Bernese Mountain Dog Club
Geographic Area Served - South Carolina, Tennessee, Georgia, Florida, Alabama
Web Site: http://www.cvbmdc.org
Grand Canyon State Bernese Mountain Dog Club
Geographic Area Served - Arizona
Web Site: http://www.gcsbmdc.org Breeder Referral
Heartland Bernese Mountain Dog Club
Geographic Area Served - Nebraska, Oklahoma, Missouri, Iowa, Kansas
Web Site: http://www.hbmdc.org Breeder Referral
Heart of Michigan Bernese Mountain Dog Club, Inc.
Geographic Area Served - Michigan
Web Site: http://www.hmbmdc.org
Inland Northwest Bernese Mountain Dog Club
Geographic Area Served - Idaho, Montana, eastern Washington, eastern Oregon
Web Site: https://inlandnorthwestbmdc.weebly.com/
Lone Star Bernese Mountain Dog Club
Geographic Area Served - Texas
Web Site: http://lonestarbmd.org
Mason Dixon Bernese Mountain Dog Club
Geographic Area Served - Maryland, Pennsylvania
Web Site: http://www.mdbmdc.org
North Coast Bernese Mountain Dog Club of Ohio
Geographic Area Served - Ohio, Western Pennsylvania, Western New York
Web Site: http://www.northcoastbmdco.org
Potomac Valley Bernese Mountain Dog Club
Geographic Area Served - Maryland, Northern Virginia, District of Columbia, southeastern & south central Pennsylvania
Web Site: http://www.pvbmdc.org
Sierra West Bernese Mountain Dog Club
Geographic Area Served - Northern California
Web Site: http://www.sierrawest.org
Three Rivers Bernese Mountain Dog Club
Geographic Area Served - Western Pennslvania, West Virginia, New York, Ohio
Web Site: https://www.threeriversbernesemountaindogclub.org