Bengal kitten being resold.(broken contract)

Rachzander · 26-07-2008, 07:06 PM

but if i took her to small claims court i would get the kitten back?

She is a young lady who should of thought seriously about getting a kitten before buying from me and signing a contract.

Elaine · 26-07-2008, 07:17 PM

Was your contract written by a solicitor?
I agree that she should have thought more seriously about buying the kitten but by the same token did you ask as many questions as perhaps you should have, or do a home check to make sure that the girl knew exactly what she was taking on?

yola · 26-07-2008, 07:56 PM

Quote:

Originally Posted by Rachzander

Not being funny hun , but i think ill wait till someone who is a bit more clued up to get back to me

I think this is a very offensive statement based on your own surmise, Elaine has significant experience of animal care and breeders, both ethical and otherwise. She is also a very respected member here.

We have a solicitor here - who is also a breeder, who has said on several occasions that she knows written contracts to be unenforcable.

I suggest you vet your potential owners more carefully. I also suggest that maybe if you don't consider refunding the full amount you should seriously consider reimbursing a percentage in the region of 50% . . . that way everyone is being seen to have 'won' without any bad feelings.

What I am concerned about here is that it's all about money and re-advertising costs etc etc rather than about the kitten's welfare

kado · 26-07-2008, 08:02 PM

I 100% agree with Yola

borderdawn · 26-07-2008, 09:02 PM

Quote:

Originally Posted by Rachzander

but if i took her to small claims court i would get the kitten back?

She is a young lady who should of thought seriously about getting a kitten before buying from me and signing a contract.

And you should of vetted her more carfefully BEFORE you sold her one of your kittens!

Nope you cant "enforce" the agreement/contact. Did you keep a copy of it and she got one too? You could try a solicitor, but I doubt it will do you any good. I would ask a friend to buy the kitten back for you, then perhaps you could find her a permanent home.

Oh and Elaine is more "clued up" than most!

CARING too!

dandysmom · 26-07-2008, 09:02 PM

Yola has put it perfectly! I agree 100%. I am not a breeder but two of my friends are, and when a kitten had to be returned, the money was refunded. The point here isn't so much the money as the kitten's welfare, and it is obviously in the wrong home.

Kazz · 26-07-2008, 09:24 PM

Hello.....hope you get this sorted ASAP.

Thats a good idea of Dawn's can't you get a friend to buy the kitten back then rehome her. Every one wins.....most importantly the kitten....

Soupie · 26-07-2008, 11:02 PM

Quote:

Originally Posted by Rachzander

but if i took her to small claims court i would get the kitten back?

She is a young lady who should of thought seriously about getting a kitten before buying from me and signing a contract.

Your contract may be a valid contract but is likely to be unenforceable - I cannot see any court forcing her to return the kitten to you without a refund. Generally the Law is of the opinion that if you accept payment for "goods" (kitten in this case) then title passes to the new owner and they are at liberty to sell the kitten on if they so wish.

I can see why the woman isn't returning her - few people can afford to write off that sum of money - perhaps a rational discussion and an offer of a refund would see your kitten returned which is what you seem to want.

Fran · 27-07-2008, 09:25 AM

I do breed and I also have contracts but personally, I would give the lady her money back. It's no wonder she wants to sell it on herself, if she is going to hand it over to you free gratis for you then to make more money out of

not being funny but it's breeder's like this that give other reputable breeders a bad name

Despite having contracts myself, I am aware that they have little legal standing. If you plan to take her through a lengthy legal battle which you realistically might loose, then surely you would be better offering her a refund and having your kitten back safe with you??

kelly-joy · 27-07-2008, 10:33 AM

Have you tried speaking to the gccf and seeing what they have to say?
Also maybe try citizens advise and other breeders as they may know.

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