Tips on Buying a Kitten

Buyer Beware! By Chris Fairfax, Legal Director of independent UK Pet Insurance providers, Animal Friends Insurance

If you buy a fridge or a car for example, from a shop or a dealer, you have certain rights. One lot of rights are those set out in any written contract you receive. But there’s another set under the Sale of Goods Act 1979. The two major rights are that the goods you buy must be of ‘satisfactory quality’ and they must be ‘fit for the purpose’. (Section 14). They are rights that a dealer cannot contract out of — so remember that next time a dealer tries to tell you a fault falls outside a contractual warranty! Since cats are regarded by the law as property, they fall within the Sale of Goods legislation too.

This only protects a buyer who has bought goods from someone who was acting ‘in the course of business’. It does not apply where you buy a car from a private individual or a kitten from Auntie Maud. In those cases the good old caveat emptor rule applies (‘let the buyer beware’). But where you buy a kitten from someone who the law says is acting ‘in the course of business, ie a breeder, the 1979 Act comes into play.

I am sure there are many instances though where someone breeds and sells kittens but does not for a minute think they are acting in the course of business. And yet if a dispute over a kitten sale went to court, the law would decide the issue. A judge would look at all the circumstances, including the frequency of sales, what advertising was undertaken, whether accounts were kept, how much was made, how much was spent and so on. He may then decide that the breeder was acting ‘in the course of business’, giving the buyer Sale of Goods Act remedies – and probably giving the breeder an uncomfortable time with the Inland Revenue too!

If you buy a kitten from someone who is not a ‘regular’ breeder, and it subsequently suffers from a disease or, worse, dies from a problem which can be traced back to the them, then you have no comeback under the 1979 Act. However, the seller cannot actively misrepresent the fact that a kitten is fit and well if they know, or ought to have known, otherwise. If you go to a breeder who is, knowingly or otherwise, acting ‘in the course of business’ and your kitten experiences the problems mentioned above then, under section 14 of the 1979 Act, you could recover the cost of the kitten and/or any other losses you and the breeder could have reasonably expected (vets fees, travel costs etc). If the kitten had been bought for showing or breeding, then other losses may come into play, but only if it could be said the breeder knew (or ought to have known) this purpose at the time of sale.

For peace of mind it would be wise to set up a private written contract between yourself and the breeder. A contract can be verbal, but the problem with this is proof. If a dispute occurs it becomes a "who said what to whom" argument which could be a complete nightmare! A written contract would describe the kitten, the price agreed and any special conditions agreed between the parties. The contract could also include warranties (for example pedigree lineage, freedom from hereditary defect or major illnesses). Taking action - If there is a problem, discuss the issue with the breeder and point out the legal problems. Hopefully common sense will prevail. If not, then the buyer does not have to go to a solicitor. Where a claim falls under £5,000 it goes to small claims arbitration. This does not allow the parties to recover their legal costs so any money a buyer spends on a solicitor would be lost. The court gives guidance as to the procedures and the Citizens Advice Bureau could also help in getting a case prepared. Hopefully, the chances of having to start quoting chapter and verse to a breeder are remote, but knowledge of how the legal land lies can never do any harm. It may, at the very least, give you some useful pointers to bear in mind if you are about to buy a wonderful little ball of fluff, so you minimize the risk of heartache and hassle after the deed is done.

Tips

· The majority of breeders are responsible and caring. If you feel you need guidance, ask a breed club to recommend breeders.

· Always visit the breeder in person to choose your kitten.

· Visit more than one breeder and compare their facilities, attitudes, prices, and of course, kittens.

· Make sure that both parents are registered with the relevant breed registry.

· Ask about any hereditary diseases in either one of the parents’ lines.

· Agree in advance between you what you, and the breeder, will do if your new kitten becomes sick or fails to settle in. Listen to what the breeder has to tell you. Ask questions.

· If you want to breed from or show a kitten say so at the outset. They will be able to make sure you buy the right kitten. Some, for a variety of reasons, will not be suitable. If you do buy a breeding/show quality kitten your breeder should be willing to offer help and support.

The GCCF has a code of ethics for breeders and owners. You can view it on their website http://www.gccfcats.org/, or order a copy by calling them on 01278 427575.

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