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Original poster

Kitten contract

22 replies

vivisector · 30/11/2023 14:54

I've paid a deposit for a kitten and signed the kitten contract a few weeks ago. My circumstances have genuinely now changed and I may not be able to buy the kitten (still working it out, yet to contact the breeder until I know for sure).

Upon reading the contract again, it says the 'outstanding balance will be payable regardless of whether you proceed with the purchase of the kitten'. I understand losing the deposit and I'm fine with this but surely they can't enforce I pay the remainder? I'm not due to collect the kitten for two weeks. Have I misunderstood? How common is this and is it enforceable?

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Riverlee · 30/11/2023 14:59

If you’ve signed a contract, then it’s probably enforceable.

Hopefully the breeder will have another home they can send the kitten to, and you won’t lose out.

Original poster
vivisector · 30/11/2023 15:24

Riverlee · 30/11/2023 14:59

If you’ve signed a contract, then it’s probably enforceable.

Hopefully the breeder will have another home they can send the kitten to, and you won’t lose out.

Have you had experience in this type of thing? Wonder if it's there to stop people changing their minds and breeders don't actually go through with it?

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Riverlee · 30/11/2023 15:28

To a certain degree, it’s irrelevant whether other people. Have enforced the T and Cs. It’s w hat your breeder decides to do that matters.

Original poster
vivisector · 30/11/2023 15:42

How would they enforce it? Small claims court? Seems absurd to stipulate paying the full amount for an animal that won't end up being owned. The whole point of a non refundable deposit is to protect the breeder.

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pastaandpesto · 30/11/2023 18:08

It sounds horrible to express it this way, but cats lose value as they age. Most people who buy a cat (vs adopting a rescue) want a young kitten. I'm guessing this clause in the contract is designed to guard against the possible loss that the breeder will incur if a sale falls through and they are then unable to find a new buyer quickly.

However I'd hope that if the breeder is easily able to find a new home for the kitten they would waive the balance (and perhaps even return the deposit).

BackToRealMe · 30/11/2023 20:36

I used to breed cats but never heard any breeder enforcing payments like this. You'll definitely lose the deposit. Whether the breeder would go to small claims court is questionable but wanting full payment is greedy and I'd not have signed it.

beanontoast · 30/11/2023 22:12

How much is the kitten? If it’s a contract and you signed it then it’s likely legally enforceable…it only costs £25 to go to the small claims court too so they may well do it if it’s an expensive breed. I’d tell them asap if you can’t have the kitten as they may waive it if they can find someone else before you were due to pick it up. Don’t sign contracts you haven’t read or disagree with in the future

margotrose · 30/11/2023 23:06

Contracts have to be legal to be valid - you can't just put anything you like in a contract and have it stand up in court.

PepsiCoco · 30/11/2023 23:11

As previous post said the kitten is more valuable the younger it is so the sooner you know for sure and cancel the sale the more likely the breeder can re sell but no one likes to be left with the last one in the litter either so it’s clearly there to protect them. It very much depends how valuable the kitten is as to whether they bother to take you to court.

Original poster
vivisector · 08/12/2023 22:56

margotrose · 30/11/2023 23:06

Contracts have to be legal to be valid - you can't just put anything you like in a contract and have it stand up in court.

@margotrose do you think the clause is unreasonable and not legal? Seems so to me. I appreciate people's reply's saying it's a contract so it must be legally binding but will it hold up in court? I can't find any info online about this and am feeling quite stressed

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margotrose · 09/12/2023 07:31

@vivisector my understanding of it is pretty limited, but if you've paid a deposit but can no longer take the kitten then that should really be the end of it.

She keeps your deposit (as it's not her fault you can't have the kitten) but she can't claim payment from you as she still has the kitten to sell to someone else plus your deposit money on top.

I'm in the pet care industry myself and one of the main things I've learned is that contracts must be legal to be enforceable. You can't just write whatever you like in there - it needs to be in line with the law.

Original poster
vivisector · 09/12/2023 08:10

margotrose · 09/12/2023 07:31

@vivisector my understanding of it is pretty limited, but if you've paid a deposit but can no longer take the kitten then that should really be the end of it.

She keeps your deposit (as it's not her fault you can't have the kitten) but she can't claim payment from you as she still has the kitten to sell to someone else plus your deposit money on top.

I'm in the pet care industry myself and one of the main things I've learned is that contracts must be legal to be enforceable. You can't just write whatever you like in there - it needs to be in line with the law.

Thank you for your response. So you think it may not be legal? It certainly doesn't sit right with me. I've been trying to think of any other type physical purchase where if you change your mind you still have to pay in full and I can't.

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margotrose · 09/12/2023 08:20

Deposit law is quite complicated.

I know in my business (dog walking) you have to be careful about taking deposits as in many cases they're actually refundable, even if your contract says otherwise. That's why many service industries charge booking fees instead.

But when it comes to physical goods I'm not sure how it works. To me, it seems unfair that she can keep the full cost of the kitten as well as the kitten itself, and then go on to make even more money by selling the kitten to someone else.

A deposit is there to protect her in case you don't show up or can't have the kitten - she shouldn't (imo) then be able to claim the full cost on top. Yes, kittens lose "value" as they get older but that's what the deposit is for - so she still gets some money regardless.

beanontoast · 10/12/2023 18:08

Of course contracts have to be legal to be valid. What a stupid ‘point’ to make. And of course it doesn’t ’sit right’ with the person defaulting on a contract that they’d have to pay despite signing it! I’d assume someone who is a professional breeder has had their contract checked by a lawyer or has copied one from someone else who has. Asked how much the kitten was but no reply so if it’s a very expensive breed then I’d definitely expect them to try it for just £25 in the small claims court.

margotrose · 10/12/2023 22:53

Are you always so rude @beanontoast or is this a special occasion? 🙄

beanontoast · 10/12/2023 22:55

margotrose · 10/12/2023 22:53

Are you always so rude @beanontoast or is this a special occasion? 🙄

Level of 'rudeness' tends to directly correspond to level of stupidity I'm responding to.

margotrose · 10/12/2023 22:59

At least you happily show your true colours yourself I guess Grin

beanontoast · 10/12/2023 23:01

I have never been one to suffer fools.

Original poster
vivisector · 10/12/2023 23:10

beanontoast · 10/12/2023 23:01

I have never been one to suffer fools.

Thanks for that. I'm not the first and certainly won't be the last person not to have read every single line in a contract. But lesson learnt. Anyway, it's all sorted now. Thanks to everyone who commented but @beansontoast, you can do one! (I also don't suffer fools you see)

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beanontoast · 10/12/2023 23:15

vivisector · 10/12/2023 23:10

Thanks for that. I'm not the first and certainly won't be the last person not to have read every single line in a contract. But lesson learnt. Anyway, it's all sorted now. Thanks to everyone who commented but @beansontoast, you can do one! (I also don't suffer fools you see)

Show quote history

I haven't said anything foolish so no offence taken. Glad you got it sorted though, hope you read your contracts in the future.

Original poster
vivisector · 10/12/2023 23:21

@beansontoast well insinuating I'm stupid isn't on. Again, I appreciate those who made helpful comments.

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