Pet purchase contract

[celnorth]

What is the name of your state? IN

Is the first option clause here enforeable?

If Buyer cannot keep this Savannah (cat), Buyer must notify Breeder to allow for Breeder’s assistance in placing this Savannah. Buyer must allow Breeder first option to take back this Savannah.

Also, the "to take back this Savannah" seems to imply no money being paid to buyer in that case. Also, it says "if buyer cannot keep" the cat, what about if the buyer can keep it but simply doesn't want to keep it anymore?

Thank you

 

[quincy]

What is the name of your state? IN

Is the first option clause here enforeable?

If Buyer cannot keep this Savannah (cat), Buyer must notify Breeder to allow for Breeder’s assistance in placing this Savannah. Buyer must allow Breeder first option to take back this Savannah.

Also, the "to take back this Savannah" seems to imply no money being paid to buyer in that case. Also, it says "if buyer cannot keep" the cat, what about if the buyer can keep it but simply doesn't want to keep it anymore?

Thank you

Possibly. Did you agree to those terms?

 

[xylene]

You are buying (or already bought) what is typically a VERY expensive pure bred cat.

You have questions about your contract, you need a lawyer to review the entirety of the contract and it's enforceability in in Indiana.

Contractual requirements prohibiting resale / no breeding / etc broadly speaking can in a purchase agreement for a pure bred cat be enforced. You are reading one section of an entire contract. You haven't mentioned any penalty section etc.

Contact review is beyond the scope of a consumer-to-consumer advice forum. You need a lawyer.

 

[not2cleverRed]

What is the name of your state? IN

Is the first option clause here enforeable?

If Buyer cannot keep this Savannah (cat), Buyer must notify Breeder to allow for Breeder’s assistance in placing this Savannah. Buyer must allow Breeder first option to take back this Savannah.

Also, the "to take back this Savannah" seems to imply no money being paid to buyer in that case. Also, it says "if buyer cannot keep" the cat, what about if the buyer can keep it but simply doesn't want to keep it anymore?

Thank you

Right. You don't want to keep it anymore, because it requires more attention than you'd like to give it, and it's affecting your life.

So, what would you rather do? Post it on Craigslist?

This animal is already flunking out of one forever home because it is a high maintenance animal, but you don't want to return it to the breeder because you won't recoup your money?

Contact the breeder. Maybe they know someone who they approve of who will give the animal a forever home.

I might add, if you think that you can ignore the contract and just list the Savannah for sale and the breeder finds out and takes you to court, retaining a lawyer will cost you.

 

[Gail in Georgia]

Many breeders (and rescue groups) require that if a cat (or dog) it to be given up, it must be returned to the original breeder or rescue group. This is often a standard part of many adoption/purchasing contracts.

One reason is a concern that such pets end up being given away on places like Craigslist and being used as bait animals. Or dumped in shelters where they typically end up being euthanized (yes; even purebred, expensive pets die there).

And no, there typically is no refund of funds paid for the animal. This ain't Walmart with a return desk.

Gail

 

[justalayman]

I don’t think you’re going to find savannnahs in pet shelters. Being cats I suspect they don’t care too much about a forever home either. They are very valuable so a person is not going to give away what they can sell


They are not “purebreds” but actually a hybrid of a serval (a large wild cat found in Africa) and a domestic cat.

 

[Gail in Georgia]

Yes; I know what savannah's are. They can be quite a challenge (as can all these "designer" cats one step away from a wild cat). Takes a special owner to deal with them.

Gail

 

[justalayman]

Regarding the possibility of a refund:


Read the contract.

It is a reasonable argument that a mandate to return the animal without a refund is an unconscionable clause as it provides a benefit to the seller that amounts to unjust enrichment. If a contact is rescinded, generslly, it is a requirement all parties be returned to the position they were before entering into the contract. Returning the animal to the seller without a refund means the seller gets to sell the same animal twice and keep proceeds from both sales.

 

[Pinkie39]

I don’t think you’re going to find savannnahs in pet shelters. Being cats I suspect they don’t care too much about a forever home either. They are very valuable so a person is not going to give away what they can sell


They are not “purebreds” but actually a hybrid of a serval (a large wild cat found in Africa) and a domestic cat.

I've had cats since I was a kid. Cats get attached to their families just like dogs do, and yes, they deserve forever homes.

I adopted my current kitty from a rescue group. I signed a contract with a return clause like the one mentioned above. I had the cat prior to this one, for 16 years. She had been a stray. She was always a bit feral, and not the friendliest cat, but I was responsible for her, and kept her until she passed away.

I hate to see people adopt or buy animals, then want to get rid of them just because they become inconvenient or expensive or they get bored with them.

 

[justalayman]

Sometimes the poor fit isn’t realized until later


I too have had cats since childhood. While they do get attached, they, and their feline attitude, does appear to be more acceptable of changes residence than dogs.


I’ve had dogs most of my life as well