Buyer wants a refund

[missymotus]

I mean I would have vaccinated the kitten myself at my local vet at an affordable price if he wanted the kitten vaccinated but he was happy to taken the kitten as she is and vaccinate himself.

the laws and regulations aren’t there for you to pick and choose, as you’re required to register as a kitten seller and follow all the rules.
Your cats need to be spayed and neutered ASAP then you’ll have no more problems.

 

[skrumtuoscatlayd]

The guy texted me saying he'll get her tested by professional
This is exact word he texted
"Hi, I've booked it at my local vet. I want definitely want to first get her hearing tested by a professional, just in case if she's just really good at ignoring sounds. And before anything I want to get her vaccinated asap."
"But i can assure you that she is definitely being well taken care off "
No specific name of vet
When I asked him what vet he said xxx vet but when I asked him what name she is booked under he made no reply
I don't know if its just me but I already feel like he's mistreating her

 

[missymotus]

Non of the parents are deaf and non of her siblings are even though they are white as they don't have any blue eyes

its not just BEW that are prone to deafness, cats can also be deaf in one ear only, hence the reason responsible breeders test to be certain.

 

[Heart For Cats]

Hi, I recently adopted out an odd eyed white kitten but the buyer wants a return her saying that she's deaf and I did not state that in my ad. He's taken her for a day and I don't know what condition she was in.
Can you please tell me what I should do in this situation?

Odd-eyed cats are deaf in one ear (the blue eye side). The buyer is not being honest. This cat has normal hearing in the other ear.

 

[skrumtuoscatlayd]

Please help me. That guy is not willing to return the kitten to me even if I refund him

 

[skrumtuoscatlayd]

What was his reply? Is he willing to return the kitten to you now for a refund?

The guy texted me saying he'll get her tested by professional
This is exact word he texted
"Hi, I've booked it at my local vet. I want definitely want to first get her hearing tested by a professional, just in case if she's just really good at ignoring sounds. And before anything I want to get her vaccinated asap."
"But i can assure you that she is definitely being well taken care off "
No specific name of vet
When I asked him what vet he said xxx vet but when I asked him what name she is booked under he made no reply
I don't know if its just me but I already feel like he's mistreating her

 

[Sarthur2]

I’m sorry, but he is apparently now keeping the kitten. It does not sound like she is being mistreated. I also do not think there is anything further you can do.

 

[skrumtuoscatlayd]

What to do if in the future he demands refund again?

 

[Sarthur2]

Tell him you will take the kitten back and refund only the selling price. You are not obligated for any other expenses he incurs. You have no other obligation to him, and you can involve the authorities if necessary.

You seem very concerned about what he may do, but neither you nor he can even prove you sold or he bought the kitten from one another. There are no receipts.

You must establish a kitten is yours through proper vet channels in the future, take pictures, make receipts, and use a proper signed contract. You must verify information on a contract to ensure a buyer has a proper home, job, vet, and references.

 

[Caspers Human]

You're being scammed. The guy is holding your kitten hostage, trying to weasel money out of you by tugging at your heart strings. He's a crook!

First call the cops and tell them what happened. Second, call the guy and tell him that you have done so.

Tell him that you want the cat back and you'll return his money. If he does, you'll call the cops back and tell them that it was a misunderstanding. If not, tell him that you'll press the case.

 

[Willowy]

You're being scammed. The guy is holding your kitten hostage, trying to weasel money out of you by tugging at your heart strings. He's a crook!

First call the cops and tell them what happened. Second, call the guy and tell him that you have done so.

Tell him that you want the cat back and you'll return his money. If he does, you'll call the cops back and tell them that it was a misunderstanding. If not, tell him that you'll press the case.

That seems a little rough. To me it seems more like he read somewhere that white cats with blue eyes are often deaf, did something loud she ignored, and then decided she was deaf and kind of panicked and wanted to return her. Then after a while he was like "aw, she's cute, and if she is deaf it doesn't seem to bother her" and decided not to return her.

So, ask him what he'll do if the vet says she's definitely deaf. If he says he'll keep her and everyone will be happy, then that's that, leave him alone. If he says he won't keep her if she's deaf, you'll have to figure something out that will work for both of you.

But really, there's no legal anything going on here, you can't even prove the kitten was yours, so nobody is protected here.

 

[Caspers Human]

You're probably right but I've seen this before.

The right thing to do is take the kitten back and give a refund.

He had the kitten for just one day. Let's chalk it up to buyer's remorse and call it even. Taking the kitten to a vet before calling the seller is a sign of either ignorance or mal-intent. The guy has had the kitten for several days, now, and remains uncommunicative. Something's wrong, here. No reasonable person should act that way.

Let's assume that there's nothing malicious going on. Get the kitten back. Refund the money. Game over.

 

[Heart For Cats]

But is there any way I can test whether she's really deaf or not?

What color is each eye?

If one eye is blue, see if she responds to a noise coming directly from that side.

 

[Heart For Cats]

So I should just leave it? I feel worried about her though

Because you rightfully suspect the buyer lied and have some doubts she is safe with him, it is very important to go with your guts in this situation. No one should buy a kitten the way he did, then send you mixed messages about wanting to keep her. Tell the buyer he must let you in for a non-negotiable home check. For the cat's safety, you need to know all the facts and the only way to know them is see her living there because the buyer is not being totally honest.

 

[Joelle and the kittens]

I don't know how Australian contracts work, but in the US text communication can serve as a "contract" and at the very least serves as proof of purchase even if it's not explicitly stated. Because you didn't set up a formal contract or include even informal contingencies, he is under no obligation to respond to you ever again, let alone permit you to visit the cat. And even if you did have a contract that did mandate checkup visits there's no guarantee that portion of the contract would be legally enforceable. I'm also not familiar with Aus consumer law, but I would guess that, barring laws in your jurisdiction (such as requiring animals be vaccinated before being sold by a breeder/rescuer), you're not required to reimburse him for charges he incurred after purchase and possibly not even required to refund him unless he can establish you failed to meet consumer guarantees (this would depend on whether the exchange is even subject to consumer guarantees or is considered a one-off private sale; if guarantees do apply he might argue deafness is a "fault", especially if you assured him the cat was healthy).

 

[Maurey]

I don't know how Australian contracts work, but in the US text communication can serve as a "contract" and at the very least serves as proof of purchase even if it's not explicitly stated. Because you didn't set up a contract, he is under no obligation to respond to you ever again, let alone permit you to visit the cat. And even if you did have a contract that did mandate checkup visits there's no guarantee that portion of the contract would be legally enforceable. I'm also not familiar with Aus consumer law, but I would guess that, barring laws in your jurisdiction (such as requiring animals be vaccinated before being sold by a breeder/rescuer), you're not required to reimburse him for charges he incurred after purchase and possibly not even required to refund him unless he can establish you failed to meet consumer guarantees (this would depend on whether the exchange is even subject to consumer guarantees or is considered a one-off private sale; if guarantees do apply he might argue deafness is a "fault", especially if you assured him the cat was healthy).

If OP goes the legal route they’re liable for huge fines as they broke the law with both their breeding practices (as well as owning intact unregistered animals, at least one of which is freely allowed outside) and lack of vet care prior to sale — something OP has yet to address for some reason. They’re the one in the wrong as far as Aus government is concerned. I concur, as OP appears to be backyard breeding, given the lack of vet care and the amount of litters their DSH has had.

Additionally, OP sold without a contract, so they have absolutely no foot to stand on, especially since there’s absolutely no real evidence of foul play on the part of the buyer — gut feeling doesn’t stand in a court of law. The buyer is in no way required to provide details on the vet they plan to take their kitten to, either.

 

[Joelle and the kittens]

If OP goes the legal route they’re liable for huge fines as they broke the law with both their breeding practices (as well as owning intact unregistered animals, at least one of which is freely allowed outside) and lack of vet care prior to sale — something OP has yet to address for some reason. They’re the one in the wrong as far as Aus government is concerned.

Another great point, illegal sales are almost certainly not protected in any way remotely favorable to OP.

 

[Heart For Cats]

None of the parents are deaf and none of her siblings are even though they are white as they don't have any blue eyes.

What about the grandparents? This type of deafness is hereditary.

 

[Maurey]

What about the grandparents? This type of deafness is hereditary.

Any dominant white cat can produce a deaf white kitten, regardless of hearing loss in their lineage. Breeding DW to DW and DW to a cat with white increases risk, as does breeding cats with blue eyes. However, a litter from a green eyed white cat and a orange eyed black tabby can still produce deaf white kittens.

You can reduce the risk, but ultimately it’s luck. Also why any kittens that are under suspicion of being deaf should be BAER tested prior to sale.

 

[Heart For Cats]

Please help me. That guy is not willing to return the kitten to me even if I refund him.

Do you know his residential address? Nothing less than walking into his home is going to work if he refuses to give her back voluntarily. I am sure if he really cared about her, he would have told you the vet's name and employer.