Cat breeder needing advice

Lilyput22

Hello, I am a hobby breeder of pedigree cats. I have one litter per year. I currently have a litter of 7 kittens that are 8 weeks old. 2 show quality boys, 1 pet quality boy (only because he has a kink in his tail) and 4 girls (2 show quality)

I have had lots of enquiries since before they were born and operate a first to enquire, first to choice basis. I arrange visits dependent on what sex etc people have requested and allow to choose in the order.

1st on list wanted boy (chose a a show boy)
2nd on list wanted a girl (chose a girl)
3rd on list wanted a girl (problem people)
4th on list wanted a show boy (allocated other show boy)
5-10th on list didn't have a preference.

Visits are arranged after the kittens get to 7 weeks. We are keeping one girl for breeding so have taken her off the list.

People 3rd on list came to view kittens. They were looking at the girls and were undecided which one they liked. They were sure they wanted one so paid a deposit because they were off on holiday and didn't want to lose out. They would let me know which kitten they had decided on. I gave them a copy of my agreement which I signed saying deposit received. They were to sign it and send it back to me when they had chosen which one. It is an agreement were they promise not to declaw, to let me know if they need to rehome etc. and I promise that the kitten has been vet checked, will be registered, vaccinated and neutered before they collect it.

They then decided they wanted a boy. The other show boy to be precise. I explained that they could not choose him and are now being very funny because they were under the impression they were 3rd to choose from all of them (including the one I was keeping as I was not on the list). In all emails prior to visiting they mention looking for a girl and hoping the girl they want has not already been chosen etc. I accepted the deposit on the basis that they were choosing a girl.

They have been extremely unreasonable in their responses since. They offered to take a girl and the boy with the kinky tail as a compromise for a discount of 20%. Not possible because I have promised so many people there will be a kitten for them to choose, plus 20% is a huge discount. Not to mention I don't like the fact that my kittens would be considered a compromise.

I am happy to give them their deposit back but they are insisting on travelling expenses for wasting their time. They travelled from Doncaster to Leicestershire. The point is, they could have travelled all that way and I not like them or they not like the kittens. But I did accept their deposit as they a seemed nice at the time. My question is, legally do I have to pay them these expenses?


Thanks for your help with this, sorry it's a long question!

ThumbRemote

Lilyput22 wrote: »

I am happy to give them their deposit back but they are insisting on travelling expenses for wasting their time. They travelled from Doncaster to Leicestershire. The point is, they could have travelled all that way and I not like them or they not like the kittens. But I did accept their deposit as they a seemed nice at the time. My question is, legally do I have to pay them these expenses?

They can only choose from your available 'stock'. If you've already sold one they want, it's tough.

What does their contract say they have reserved?


I'd be tempted to point out that they agreed to take a girl for £x and paid a deposit for this. They are now attempting to breach their contract. However the balance is still owed to you and they need to pay it as soon as possible.

Lilyput22

The contract does not say any particular kitten but all previous emails show they enquired about a girl.


I have learned to not to accept deposit at a visit. I usually don't but they really wanted to. I normally send them away with a form which I ask them to return with a deposit. They were going on holiday the next day so wanted to ensure I had the deposit.

They simply do not understand that in requesting a girl originally, that was all they were ever in the list to view. All proceeding enquiries were arranged because of the initial requests.

Pollycat

I think you're being very fair in offering to refund the deposit - but 'fair' doesn't always cut it when talking about consumer law.

From what you say about your 'agreement', there's nothing in there that covers this situation (maybe have a think about rewording it?).

If you're still OK with returning their deposit, I would tell them that they wanted a girl cat and therefore you allocated the other show-quality male cat to another couple.

Tell them that you haven't wasted their time and travelling expenses - they have so you will not be refunding their expenses.

Would you still be happy with letting them take either a female or the remaining male kitten or has this put you off?

Lilyput22

I would be unhappy to let them have any cat now to be honest. They seemed so nice but they simply do not understand that in asking for a girl in the first place, that was all I was letting them see to choose from.

They have since been very unreasonable. I would not want a kitten of mine to end up in their hands because if anything went wrong I know they will not contact me or keep me informed, unless they see the problem as being caused by me. In which I for see them to be a nightmare.

I have tried to be polite and factual in my responses. But their attitude has really stung. I only do this because I enjoy it. I have not enjoyed this part and it makes me not want to continue breeding at all.

The agreement they and I sign only talks about the health, what the kitten will come with and what I promise to do. That they will promise to look after the kitten and inform me if they have to rehome it.


Thank you

Pollycat

I'd leave this thread for a while to see what other replies you get - specifically on where you stand legally, in particular on what your chances are should they decide to take this through small claims court.

I would feel the same way about this couple and not want to let them have one of my kittens.

What breed are they, BTW?

Lilyput22

Tonkinese

I would keep them all if I couldn't home them.

I currently have a 2 year old I bred lodging because his owner is in hospital. He is isolated in a spare bedroom.

They asked for a girl which I gave them a choice of. They paid a deposit for a girl, only that's not written on the agreement but I accepted it on that understanding. Now they want a boy. I have all their emails saved. As well as my responses. From what I can read online, I have stood by my side and it is they that have pulled out of the contract. So I would be within my rights to keep the deposit.

The grey area is that the agreement does not say which kitten they were paying the deposit for. I will never do that again, if I ever breed again!

I will wait with for other replies. Thank you so much.

OlliesDad

Lilyput22 wrote: »

From what I can read online, I have stood by my side and it is they that have pulled out of the contract. So I would be within my rights to keep the deposit.

Even if that were the case, you would only be able to retain any expenses incurred because of this i.e. any costs for listing again etc.

Pollycat

OlliesDad wrote: »

Even if that were the case, you would only be able to retain any expenses incurred because of this i.e. any costs for listing again etc.

From what the OP said originally, she is happy to give them the deposit back (unless she has changed her mind).

The issue she needs advice on is whether she has to pay this couple's travelling costs.

Lilyput22 wrote: »

I am happy to give them their deposit back but they are insisting on travelling expenses for wasting their time. They travelled from Doncaster to Leicestershire. The point is, they could have travelled all that way and I not like them or they not like the kittens. But I did accept their deposit as they a seemed nice at the time. My question is, legally do I have to pay them these expenses?

Thanks for your help with this, sorry it's a long question!

Lilyput
Have they mentioned any figures that they want you to pay to them?

Lilyput22

They want £60 for the 150 mile trip in total. For fuel but not included their wasted time.

12% of the cost of the kitten.

Lilyput22

I would be happy to refund their deposit.

I don't have advertisement fees as I don't need to advertise. People find me through the breed clubs. I also already have enough people on the waiting list.