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Breeder agreements....legal ?

Discussion in 'Cat Breeding' started by Colliejack, Nov 8, 2018.

  1. Colliejack

    Colliejack PetForums Newbie

    May 13, 2012
    Likes Received:
    My nephew bought a pedigree kitten and signed an agreement with the Breeder to the effect that it won't be bred with ( proof needed of neutering before 8 months old). £2000 penalty if it produces kittens.£2000 penalty if not neutered by 8 months. Under no circumstances can the cat ever be sold or given away. The Breeder will accept it back at any time if the buyer can no longer keep it but no refund will be given. If the buyer wants to change the cats diet the Breeder must be contacted beforehand. Due to personal circumstances he became unable to keep the kitten and asked the Breeder to take it back. The Breeder said they couldn't take it ! He had no choice but to let someone else have the kitten. Surely the Agreement is now null and void as the Breeder has broken their part of it ? That's if it was ever legal in the first place. He has been told a breeders agreement isn't worth the paper it's written on and that once he paid for the kitten the Breeder could only offer to take it back, not insist. Who is right ?
  2. Tigermoon

    Tigermoon PetForums VIP

    Apr 2, 2013
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    How old is the kitten and what breed is it?
    This is always a difficult one and as a breeder myself I would always take a kitten back if the owner was unable to keep it due to a change in circumstances. As the contract he signed contained penalties, I understand that this is more likely to be enforceable in court. However, as your nephew has offered the kitten back and the breeder has refused to take it then I believe that so long as he has written evidence of this refusal, he will be at liberty to rehome the kitten himself. However as the kitten is pedigree, please may I urge him to contact the breed specific rescue first.
  3. Linda Weasel

    Linda Weasel PetForums VIP

    Mar 5, 2014
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    I think the breeder is already in breach of contract for not taking the kitten back.
    havoc and Lurcherlad like this.
  4. gskinner123

    gskinner123 PetForums VIP

    Mar 10, 2010
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    I don't know the answer.

    It is quite unusual for a breeder to go to the trouble of trying to ensure their kittens are protected via use of a contract, only to then refuse to take the kitten back.

    It is not even as though the contract requires the breeder to return money to the purchaser and (by the sound of things as the word "kitten" is used in the OP) the animal is still quite young.

    Very odd.
    AmsMam and Tigermoon like this.
  5. Rufus15

    Rufus15 ~ Orrono Maine Coons ~

    Dec 4, 2015
    Likes Received:
    That is very odd. To contract it that kitten needs to be returned and then refuse to accept the return is bizarre.

    For the most parts, the contracts aren't enforceable.
  6. David C

    David C PetForums Senior

    Sep 6, 2010
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    Contracts are not worth the paper they are written on and would not stand up in a court of law.
    Once an animal has been sold the breeder has no legal say in what happens to it because they no longer own the animal, they chose to sell it.

    You're nephew did the right thing by offering the kitten back to the breeder and they refused to take it back so as long as he has found it a good home then he has done nothing wrong.
  7. havoc

    havoc PetForums VIP

    Dec 8, 2008
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    Some of the breeding terms in this contract would stand more chance than most of being upheld but as it's the breeder who has breached the contract (on one of the unenforceable terms anyway in my opinion) there's nothing to worry about.
    David C and spotty cats like this.
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