Breeding Contract Question

[CrazyCatLady86]

If someone bought a kitten for someone else as a gift does the breeding contract stand even though the new owner wasn't the one who signed the contract?

 

[GoldyCat]

It's hard to say without knowing more about the situation. Does the contract say the kitten was sold "with breeding rights"? If not, the kitten must be spayed/neutered no matter who ends up as owner.

If the contract says "with breeding rights" it get more complicated. The best way would be to contact the breeder and ask how to handle it. Review the rules for registration with whichever association your kitten will be registered in (CFA, TICA, etc.). I don't know about other associations, but I believe CFA has a lawyer who is available to help clarify legal matters. It could take a while to get an answer there since that lawyer is likely to be very busy.

Just curious. Are you buying the kitten for someone else or is someone buying the kitten for you?

 

[Willowy]

Many breeders will not allow a transfer of ownership without their permission. So they won't allow someone to buy the kitten as a gift without meeting the recipient. It's always best to talk to the breeder before doing anything unusual.

In general, the original signer of a contract is responsible for fulfilling the terms of the contract. So if Person A signed the contract agreeing that the cat will not be used for breeding, then gave the cat to Person B who bred the cat, Person A is the one who could be sued for breach of contract.

 

[CrazyCatLady86]

the specific wording says.
Not All kittens are registered. It depends on the king and the queen and will be determined based on each litter. Therefore, not all will be old with cfa papers. It is the understanding the kittens will be sold as pets. In order to get cfa papers on registered kittens buyer agrees to neuter/spay kitten at his or her expense before the kitten reaches one year of age and guarantees the kitten will not be used for breeding. We will hold registration papers until the buyer has provided proof of altering. Breeding rights can also be given at an additional charge.

 

[CrazyCatLady86]

She paid $700 for the kitten just in case anyone is wondering. The kitten I got was not registered and did not come with cfa papers. It seems this only pertains to if someone wanted cfa papers, so my lawyer provided by my work tells me?

 

[CrazyCatLady86]

Thank you very much for your responses so far.

 

[talkingpeanut]

First, why are you looking to breed this kitten? Do you have a breeding program?

From the language you posted, you need to reach out to the original breeder. It is not clear if the litter was cfa registered and the seller doesn't have the papers because she didn't spay or neuter.

If the kitten wasn't cfa registered, why?

 

[CrazyCatLady86]

Yes, I have a micro cattery in Sedona, Arizona and have only a litter a year with one queen. I specialize in doll face cream and blues. Their cattery is cfa certified but I don't believe all of the cats are. Why, I am not sure why all of their cats wouldn't be. It states that some cats are and some not... I am not sure what that means exactly. It appears in order to get cfa papers (if applicable) you must spay/ neuter first to get papers but it would seem unless wanting cfa papers you dont need to spay or neuter? The wording is odd to me as well that's why I was seeking help with it.

 

[CrazyCatLady86]

When I home my kittens I always have them spayed or neutered. I have friends who had gotten 2 different kittens from them before and never had to sign anything. I think this all pertains to the cfa papers if you decided to get them with papers or papers were available.

 

[1CatOverTheLine]

.
No one can stop you from using your kitten in a breeding program. That said, you'll be breeding with an unregistered cat, so personally I don't see the point in breeding, since, absent a pedigree, she cannot even be claimed as a purebred cat.
.

 

[GoldyCat]

the specific wording says.
Not All kittens are registered. It depends on the king and the queen and will be determined based on each litter. Therefore, not all will be old with cfa papers. It is the understanding the kittens will be sold as pets. In order to get cfa papers on registered kittens buyer agrees to neuter/spay kitten at his or her expense before the kitten reaches one year of age and guarantees the kitten will not be used for breeding. We will hold registration papers until the buyer has provided proof of altering. Breeding rights can also be given at an additional charge.

The way the contract is written you would need to contact the breeder and pay an additional fee to get breeding rights. There's always a chance the breeder would refuse. Assuming she registered the litter, the breeder would have to change the registration to indicate the kitten has been sold with breeding rights. Once she's done that you'll have to turn in the kitten registration to CFA to register her with you as owner. Without the official breeding rights you won't be able to register any of her kittens.

 

[1CatOverTheLine]

The way the contract is written you would need to contact the breeder and pay an additional fee to get breeding rights. There's always a chance the breeder would refuse. Assuming she registered the litter, the breeder would have to change the registration to indicate the kitten has been sold with breeding rights. Once she's done that you'll have to turn in the kitten registration to CFA to register her with you as owner. Without the official breeding rights you won't be able to register any of her kittens...

...nor can you claim her ancestry, hence, she essentially becomes a Domestic.
.

 

[CrazyCatLady86]

.
No one can stop you from using your kitten in a breeding program. That said, you'll be breeding with an unregistered cat, so personally I don't see the point in breeding, since, absent a pedigree, she cannot even be claimed as a purebred cat.
.

The cats at the cattery I got my cat from are not registered pedigree. If they are registered, its in pet category. As the contract is written up it seems if you want cfa papers and breeding rights you will have to pay a fee...

 

[CrazyCatLady86]

...nor can you claim her ancestry, hence, she essentially becomes a Domestic.
.

Yes I am aware. The parents are registered pet category anyway, not pedigree. The cat I got is a male.

 

[1CatOverTheLine]

As the contract is written up it seems if you want cfa papers and breeding rights you will have to pay a fee...

That's always the case. When a breeder sells a cat with breeding rights, the buyer becomes the breeder's competitor in the show ring. This is the reason that kittens sold with breeding rights are more expensive (and sometimes vastly so) than kittens sold as pets.
.

 

[CrazyCatLady86]

That's always the case. When a breeder sells a cat with breeding rights, the buyer becomes the breeder's competitor in the show ring. This is the reason that kittens sold with breeding rights are more expensive (and sometimes vastly so) than kittens sold as pets.
.

The cats are not pedigree. They do not show either.

 

[CrazyCatLady86]

I know these people. Its pretty much about the money for them. If they can get cfa registered even if in pet category and sell for more they will and thats what they did. Other than that, they dont show etc. Their prices went from $450 to $700-$800 now that their cattery is registered which means they had a vet go over and write it off. Its not hard to get your pet registered under the pet category and thats what they are doing to make more money but they are not registered pedigree.

 

[talkingpeanut]

I don't know why you would want an unregistered cat for your breeding program.

 

[CrazyCatLady86]

I don't know why you would want an unregistered cat for your breeding program.

I am not a professional. I do hope to some day get a pair of pedigree exotics with breeding rights however for now I do it for the passion. I live and breath my cats. I have one litter a year, have clean bills of health and spay/neuter. I love to make people happy. You are right though and I agree.

 

[talkingpeanut]

I am not a professional. I do hope to some day get a pair of pedigree exotics with breeding rights however for now I do it for the passion. I live and breath my cats. I have one litter a year, have clean bills of health and spay/neuter. I love to make people happy. You are right though and I agree.

There are few breeders who solely breed. You are a professional if you are breeding once a year.

I think it's worth waiting for the right kitten, who can really boost your program.

I do think the original breeder of the kitten in question here needs to be contacted regardless.