Deposit given on an unborn litter, what are my rights......?

[flyswatter]

Thanks for your feedback. From my side, i have never owned a Savannah (just 'regular' cats) but fell in love with the breed after seeing one in the flesh. Once we had discussed all aspects of it with my husband and kids, we decided a Savannah was for us and the search was on.
My mistake in all this was that i did not have enough experience to know that i needed a contract - the reason i put down my deposit was because i was told when the litter was due(i assumed that she had a pregnant queen) - this due date window fitted in with our family holiday and also the summer holidays and would, we figured, give us lots of quality time to bond with our new family member.
Plus before any money was given to her , we had lengthy emails involving pictures and videos of the parents ( i was told) etc and i had no reason to believe that i would not get my kitten when expected.

Of course i understand that things go wrong, and that Savannahs are a difficult cat to breed etc but i honestly feel like i have been taken advantage of . I did ask her for a fund after i found out that it was an apparent phantom pregnancy but she said no, that wasn't going to happen. From what some people have said, i may never have even got a kitten!

So i feel the only recourse for me is to take her to small claims court for the money. Lesson learned from my side but i don't think people should get away with this sort of unprofessionalism and basically fraud.

 

[Sonnenblume]

The most worrying concern in all this is the lack of any sort of contract to protect the buyer or breeder. Verbal contracts in the UK are binding, however I feel you have been left out in the cold in this case. Personally I would go to a small claims court. It is not acceptable, and if in another 12 months no kitten is offered how long is one expected to wait??

If I were to accept deposits in advance, I would issue a contract to protect both parties, this is ethical and the correct way to go about business. A simple contract from this breeder should have stated something as simple as " Deposit accepted for Savannah kitten in advance of said mating. If a kitten has not been produced within the following 12 month period then the deposit is refundable or choice of another kitten offered if buyer wishes to accept"

Its simple and protects the buyer and the breeder. Has this breeder produced any kittens in the last 12/24 months? This could be advantageous to know when making your claim.

 

[The Kasbah]

Jo, I could not agree more. A contract spelling out terms IS truly necessary. I also agree with the 12-month period of time to produce a litter out of the desired pairing. A "phantom pregnancy" or a litter expected that has been reabsorbed is commonplace in our Breed, so I do not feel that the Breeder was necessarily lying about the pregnancy or the demise thereof...but I DO feel that the wait period should be specified AND IN WRITING, particularly now when there appears to be friction brewing from both parties to this transaction.

If the Breeder is unwilling to put terms into writing (which I think is a reasonable request from the Buyer) after all that has transpired, I DO think the Buyer should proceed with filing through Small Claims Court. Again, I am of the opinion that the Breeder should have taken deposits funds with a contract in place, but since that did not happen, there still is opportunity for the Buyer to get something in writing from the Breeder outlining terms and the length of wait time necessary before offering refund in full. A year seems reasonable to my mind.

Hope this helps.

 

[Brigitte Cowell]

I agree, Jo, the lack of contract is the crux of the issue. I don't agree with taking deposits on unborn litters just because so much can go wrong (and that is not a Savannah thing, just a general breeding issue, they are biological systems!), but I know some breeders do do this.

I do often find that buyers want to rush me money for a deposit and not wait for me to send them a contract... they often are impatient with me over this but I insist...I want buyers to read the terms before handing over the money.

 

[Sonnenblume]

I just hope that they can come to some arrangement and either the monies are returned, or a contract is drawn up against the deposit.

I am the same Brigitte, I will tell people to go away and think about it before leaving a deposit, as they are committing themselves to one of my babies, for many years to come, hopefully. It needs to be the right decision for all concerned, most of all for the kitten.

As well as a deposit receipt, I also do a deposit agreement, that outlines everything, so that the buyer, the deposit, as well as myself are all protected.

My philosophy is that I like to treat and deal with people in the same manner that I would want to be treated.

 

[Rafiki]

I wonder about a breeder willing to continue the sale when the relationship is so strained. It sounds very monetary. I would think that breeders would want thier babies going to the best home possible. I met with my breeder on several occasions and really felt that I needed to sell them on my being the right person for one of their cats. Simply showing up with a check was not going to cut it. I am still in contact with my breeder and I love the fact that I can contact them should any issues arise or I need advice.

 

[flyswatter]

I am now getting no response at all from the 'breeder'. I have sent a written request for a refund. Will wait 7days and then file with the small claims court. Very sad :-(

 

[Sonnenblume]

I wonder about a breeder willing to continue the sale when the relationship is so strained. It sounds very monetary. I would think that breeders would want thier babies going to the best home possible. I met with my breeder on several occasions and really felt that I needed to sell them on my being the right person for one of their cats. Simply showing up with a check was not going to cut it. I am still in contact with my breeder and I love the fact that I can contact them should any issues arise or I need advice.

That is how it should be Rafiki. I love to hear all about my babies growing up and I am here to offer any advice needed. I see it as a lifelong relationship. Glad you have that with your babies breeder too

 

[Sonnenblume]

I am now getting no response at all from the 'breeder'. I have sent a written request for a refund. Will wait 7days and then file with the small claims court. Very sad :-(

It is very sad flyswatter. The said 'breeder' is still advertising future litters and offering to reserve them for a deposit. I have seen lots of their adverts over time, stating this, but never seen any litters 'born' being advertised? It may be worth contacting the local Trading Standards, to see if they have had other complaints?

 

[Brigitte Cowell]

I wonder about a breeder willing to continue the sale when the relationship is so strained. It sounds very monetary.

Agreed! I can't imagine going forward that there would be a good relationship between breeder and buyer...ugh :-(