breeder ?

[Suzanne H]

Hi all, I have a question, mainly for the breeders, but others can contribute as well. Erik and were discussing kitten contracts the other night and I began wondering how legally binding they actually are. Shouldn't they be notarized, by the purchasing party, or by both? Or would that be too much paperwork.
For those of you who have a nonrefundable deposit, have you ever had issues with that aspect.
Just curious,
Suzanne

 

[Patti]

Hi Suzanne, I think that contracts can be binding as long as they are well written (I've seen some that aren't), the real issue is how far the 'offended party' will want to go to enforce them. In other words it can be quite expensive to take someone to court, particularly if you have to go that person's venue and it is on the other side of the country. I don't require nonrefundable deposits so can help you there...

 

[Julie]

Well from the other end. We tried to take our breeder to court (whips health issues, no paperwork, failed to follow through on parts of second contacts included us getting refund if no papers after set date (almost a year from first cat) and she just said she file backrupsy so she wouldn't have to pay.

So in other words, they are as good as someones word and their morals.

 

[Patti]

Even if she filed bankruptcy, you should be able to request a repayment plan. I'm not terribly familiar with bankruptcy but from what I understand, if you show up in court as a debtor they will include you in the repayment plan. It may not be 100% but at least you can get something back.

On the other hand, this is a clear example of why unscrupulous people continue to get away with their devious ways...

 

[Julie]

Even if she filed bankruptcy, you should be able to request a repayment plan. I'm not terribly familiar with bankruptcy but from what I understand, if you show up in court as a debtor they will include you in the repayment plan. It may not be 100% but at least you can get something back.

On the other hand, this is a clear example of why unscrupulous people continue to get away with their devious ways...

She was a laywer full time, breeder part time so I'm sure she knew her ways around it. And a settlement means she should pay she could choose not to and it would be more court cases and more headace. She fled to canada to avoid us and her ex so yeah ... lol. Wouldn't have helped.

 

[admin]

It is definitely better to have the contract notarized, IMO.

 

[admin]

Well from the other end. We tried to take our breeder to court (whips health issues, no paperwork, failed to follow through on parts of second contacts included us getting refund if no papers after set date (almost a year from first cat) and she just said she file backrupsy so she wouldn't have to pay.

So in other words, they are as good as someones word and their morals.

People say they will file bankruptcy to avoid paying a debt - doesn't mean they will. I called someone's bluff on this not long ago, who owed me a substantial amt of money because I had done my homework...the person could not file bankruptcy since it had already been filed 3 years earlier...I got my money.

 

[Brigitte Cowell]

Hi all, I have a question, mainly for the breeders, but others can contribute as well. Erik and were discussing kitten contracts the other night and I began wondering how legally binding they actually are. Shouldn't they be notarized, by the purchasing party, or by both? Or would that be too much paperwork.
For those of you who have a nonrefundable deposit, have you ever had issues with that aspect.
Just curious,
Suzanne

Suzanne, I think some terms may not stand up in court but a lot of it does... but as others have said it depends on how far you want to go to enforce it.

Some things in my contract are really there to let the buyer know my expectations and what I will cover also. But for example, if you have in your contract that the buyer cannot declaw the cat, how do you enforce it? Firstly you need to discover the cat's declawed status and then what? You sue for what damages? You reclaim the cat? We can put it in the contract but most judges would not do anything about it if you took them to court for it.

 

[Kristine]

Hi all, I have a question, mainly for the breeders, but others can contribute as well. Erik and were discussing kitten contracts the other night and I began wondering how legally binding they actually are. Shouldn't they be notarized, by the purchasing party, or by both? Or would that be too much paperwork.
For those of you who have a nonrefundable deposit, have you ever had issues with that aspect.
Just curious,
Suzanne

Having a signature notarized has no bearing whatsoever on the legality of the contract UNLESS someone were to claim they never signed the same and their signature was forged. Multi-million dollar business transactions are not usually notarized. No need to do it. I have never required it and probably never will, its an unnecessary pain in the buns and an added cost. Just for the record, I am an attorney, licensed to practice in California since 1995 (-:

 

[Kristine]

Well from the other end. We tried to take our breeder to court (whips health issues, no paperwork, failed to follow through on parts of second contacts included us getting refund if no papers after set date (almost a year from first cat) and she just said she file backrupsy so she wouldn't have to pay.

So in other words, they are as good as someones word and their morals.

Depending on the nature of the judgment you could possibly obtain in court against her (for example, a breach of contract issue vs. an intentional tort) it may or may not be dismissible in bankruptcy. Plus if you were to provide the bankruptcy court a copy of an email or letter wherein the breeder stated that she planned to file for BK if sued, the court would most likely allow your judgment against her to stand. You generally cannot declare BK solely to avoid a potential legal judgment. That is my VERY BASIC understanding of BK law. I could be wrong or off though.