Legal Breeder/Buyer Contract Issues

[ALizzlyBear]

Thank you SO much everyone, I cannot express how helpful everyone here has been during this intensely chaotic and stressful time. I also posted publicly so that in the future, if another person is going through this that there will be some resources (your responses) there for them.

I agree that the breeder is also grieving, we even cried on the phone together. I don't want to traumatize her either. I do hope things work out.

This board has really been the most helpful thing during this whole process. Thanks again.

 

[DocMac]

How was this situation resolved? This was a learning exercise for many of us and I know I'd like to know if it all worked out somehow.


Josie
River Ridge Savannahs
West Virginia

 

[Lesley]

Yes, please keep us updated as you can. So sorry you are going through this.

 

[ALizzlyBear]

Hi guys,

I ended up getting a replacement kitten just a month ago. But the breeder did not want to give me one. She did not give me notice about having a new litter (I found out via her website) or give me pick of the litter, I basically had to remind her that it is her contractual obligation to give me a replacement. Having said that, the kitten she picked for me is the love of my life now!!!

But the saga may not be over for us This new baby F2 has a heart murmur. My vet is hoping that it is just from a growth spurt and that he will grow out of it, since he gained over two pounds in one month, so I am bringing him in about once a month for checkups. I am so scared though, because my F2 that died at 6 months had severe HCM.. so I'm really hoping my new baby does not have it. The breeder will not tell me the parentage of him or give me the paperwork so I don't know how related the two kittens are.

If my new kitten does have HCM/other health issues like my last one who died, I'm not sure what I will do. I feel like it is my moral obligation to sue her or something, since there doesn't seem to be regulations against immoral breeders. Getting a third replacement cat from the same breeder just sounds a bit ridiculous! So hopefully my new little guy is just growing really fast and will be totally healthy and strong. If he does end up having issues I will probably post here to get other peoples thoughts on how I should proceed ;/ A breeder that is selling cats with terminal problems is bad on so many levels! I can't describe how hard it is to love and lose a Savannah kitten after saving and waiting for him for so long

Keep your fingers crossed for my new baby kitten !!
e

 

[Pam Flachs]

Elizabeth, I am so sorry that your new baby has a heart murmur Many prayers, fingers and paws crossed it does go away with time...and it can.

Why won't the breeder give you that information about his parentage? I find it highly unethical and suspect, to say the least, that she is withholding that information from you.

I hope you will not have to pursue legal action against her...and I most definitely would NOT get a third replacement from that person....

 

[socalirocker]

I'm sorry to hear about what you went through, and might be going through. I know exactly how you feel! My kitten has HCM now. I wish there was a website with a rating system for breeders, like there is for reptiles. I'll be praying for your kitten!

 

[ALizzlyBear]

Thank you so much for your kind words I think she wants to limit the information I have because she knows our relationship is tenuous and she is liable. I really do like her as a person, outside of our breeder-buyer issues though.

I totally agree about the website socalirocker! i wish I knew if other people had problems with this breeder both before buying and now that I'm in this situation. Whether to proceed with legal action for me really depends on how immoral I think she is. Animals and humans both get health issues and it is hard to predict them sometimes, so it could just be bad luck and random.. but if she has had numerous problems with other kittens she has produced but continues to use those parents just to make money, then grrrrrrrrrr!!!

 

[socalirocker]

I couldn't have said it better myself! The breeder I purchased from seems like a sweet person, with a dark side. I couldn't morally breed an animal with known health issues. Poor animals! Sadly it won't be the first, nor the last time.

For reptiles there is a website with a rating system. Three tiers, bad, neutral, and good. It logs your I.P. address, and name. You only get one vote from a breeder you bought from to prevent any misuse.

It's so frustrating, knowing greed is over riding ethics a breeder should have.

 

[Patti]

I am very happy to hear that you have such a wonderful kitten, but rather discouraged to find that he has a heart murmur. It is true that many (if not most) times a kitten will grow out of a murmur but given the history of this breeder, and the fact that she refuses to provide you with papers or the parentage I would be quite concerned. If it turns out your new kitten also has HCM I would definitely NOT take another replacement kitten from her and demand a full refund and if she refuses, well then that is the time to consider legal action. Speaking of which, did you receive a new contract for this kitten, and did it address any differently what the recourse would be if he was found to have a genetic condition?

You know, being a friendly, likable person, only means she is a good sales person, it says absolutely nothing about the 'product'. If she has been producing sick kittens there is no excuse for her, no matter how nice she is!

As for a website to rate breeders, well that has been discussed before, but is rife with pitfalls. For instance, who will manage this site? Breeders? Pet owners? How can you assure that only people who have actually purchased from a breeder is rating this person (and not all of their family members and friends as well)? How do you weed out the disgruntled pet owner who is unhappy because (as an example) their seven month old Savannah has now started spraying because they never altered it, but now want to return it to the breeder for a full refund? I have thought about having a rating system such as eBay has but still - someone has to take responsibility for it, including handling any lawsuits filed against the site by breeders unhappy with the ratings they have received.

 

[Patti]

For reptiles there is a website with a rating system. Three tiers, bad, neutral, and good. It logs your I.P. address, and name. You only get one vote from a breeder you bought from to prevent any misuse.

I would be interested to learn more about this webisite.