Kitten Contract

[KittyKat2039]

Can you help out with this... I purchased a new kitten and the seller did not have me sign a contract at the point of sale. Yet, I am still being emailed the contract continuously. Money was exchanged when I picked up the cat. No bill of sale was given to me. No contract was presented to me. Contract was only presented after I got the kitten. Do I have to sign it? BTW, It is off the wall crazy. For example. I have to have an autopsy performed if the cat passes, I have to have a cardiovascular scan done every 2 years plus I have to get permission to change the food. This is why I am hesitant about signing. Since the breeder failed to let me read it before the kitten was given to me, am I safe to say I can tell her "Sorry too late"? Thank you.

I am totally attached tot he kitty. I can't give her up.

 

[abyeb]

Did you receive your kitten’s pedigree papers when you brought her home? If not, the breeder might not give them to you until you sign the contract.

 

[KittyKat2039]

Only medical papers. I am not mating the kitten. Some breeders do not provide papers unless you have breeding rights. I just purchased as a pet only.

 

[LTS3]

I got all the papers from the breeder when I bought my Aby as a pet. The contract was pretty basic: I had to send the neuter confirmation to the breeder, contact the breeder if I could no longer care for the cat, etc. Nothing crazy like the contract you have. How is the breeder going to know if you change the cat's diet or not do the heart exam every 2 years? Are you sure this is a legit breeder and not a backyard breeder?

 

[1CatOverTheLine]

.
K KittyKat2039 - First off, welcome to TCS.

You clearly know this already, but for a contract to be valid in most cases, both parties must be in agreement with the terms, prior to the contract being executed, and there must be an exchange of something (goods, services, currency, et al) between the two (or more) parties.

If I were in this position, I'd send a polite reply to the breeder, thanking them for the contract, and indicating that prior to affixing my signature, I'd have my legal counsel and the breed organisation (CFA, TICA, FIFe or whatsoever organisation with which his or her cattery is affiliated) examine and review it.

Since no bill of sale (and no receipt, we presume) was given, I'd actually put in a call to my Counsel, and explain the circumstances (unless you paid by check, and wrote the check memo as full payment for the kitten).

Just for curiosity's sake, with which organisation is the cattery associated?
.

 

[abyeb]

I agree with my fellow posters regarding the contract. I would also recommend trying to get the pedigree papers. Even though you’re not going to breed your kitty, those papers are the only proof that she is a purebred.

 

[lutece]

Can you help out with this... I purchased a new kitten and the seller did not have me sign a contract at the point of sale. Yet, I am still being emailed the contract continuously. Money was exchanged when I picked up the cat. No bill of sale was given to me. No contract was presented to me. Contract was only presented after I got the kitten. Do I have to sign it? BTW, It is off the wall crazy. For example. I have to have an autopsy performed if the cat passes, I have to have a cardiovascular scan done every 2 years plus I have to get permission to change the food. This is why I am hesitant about signing. Since the breeder failed to let me read it before the kitten was given to me, am I safe to say I can tell her "Sorry too late"? Thank you.

I am a breeder, so I will give you my perspective.

The main purpose of having a contract between breeder and buyer is to ensure that both parties understand each others' expectations, and are in agreement about important things such as spaying/neutering, proper care of the kitten/cat, what happens if there is a health issue, what happens if the buyer can't keep the cat, and other such issues. My contract is a lot simpler than the one you are describing, but different breeders have different concerns. The important thing is that the two parties should come to a genuine agreement. The contract should be read and discussed, so that the two parties can agree to the terms of the contract, before any payment is made and before the cat/kitten changes hands.

If the breeder didn't discuss her contract with you before selling you the kitten, and you did not sign anything, in my opinion you are not bound by the terms of her contract and you don't have to sign anything at this time.

However, I will also say that a breeder's contract reflects her anxieties, fears and concerns about selling kittens to pet buyers. It is really scary to sell kittens! There are so many things that can go wrong. The buyer might not take care of the kitten properly, the kitten might get sick for any number of reasons, the buyer might have a behavioral problem with the kitten and not work with the breeder to solve it, the buyer might get angry with the breeder and take them to court (I've known breeders that were taken to court for completely crazy reasons by buyers and had to spend large sums on legal defense), the buyer might spread nasty rumors and get the breeder in trouble, the buyer might abandon the kitten/cat or rehome it in an unsuitable home, etc... Most likely, each one of the things in this contract represents a fear or concern that the buyer has.

For example:

"I have to have an autopsy performed if the cat passes, I have to have a cardiovascular scan done every 2 years": Perhaps the breeder is afraid that if the cat happens to die for any reason, you will unfairly blame the breeder without medical evidence. Or maybe the breeder wants information about the health of kittens produced by her breeding program so that she knows whether she has a problem in her bloodlines. Heart problems are an issue in many breeds, and for most breeds there is no DNA test. If I sell a kitten and it has a problem, I want to know about it.

"I have to get permission to change the food": Perhaps the breeder is afraid that if you change the food and the kitten has some digestive upset, you will blame the breeder or reject the kitten. Or maybe the breeder has strong feelings about cat nutrition, and wants to make sure the kitten is getting a healthy diet according to whatever she believes about cat nutrition.

So, even though I do not think you are obligated to sign this breeder's contract, or bound by its terms... I would suggest that you make an attempt to reassure the breeder that you will do your best to care for the kitten properly, and that you will let her know if the kitten has health problems in the future. With a contract like that, she probably has a lot of fears. She probably forgot to discuss her contract with you before selling you the kitten, and she is now sending you all these emails because she is anxious. If you don't reply, or reply in a hostile way to her, she's just going to feel more anxious that something could go wrong. Reassure her that everything is okay, you love your kitten, you will give the kitten a good home, you will keep in touch with her and let her know if you have any problems.

Finally, if the kitten can be registered, you really are entitled to get the pedigree and registration papers (although these may reasonably be withheld until after a kitten is neutered/spayed). I would ask for these from the breeder.