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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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I had an in home cattery for cats and I had quite a few litters.

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I had an in home cattery for cats and I had quite a few litters. I had a 2 year health guarantee for genetic health disease. It also stated that no money will be refunded but you can return the kitten if a genetic problem exist and you will get a kitten of same value as a replacement. Well I am no longer breeding, all my cats are fixed. And one of my previous kittens( born march 2011) just got scanned and has hcm which is a genetic heart issue. The lady wants all of her money back but as stated in my contract no money returned ,of course she doesnt want to return the cat. What legally do I do?
Dear JACUSTOMER - It appears to me that your contract was clear as to no refunds of money. The only option the customer would have would be to return the cat and get another one however if you cannot provide another cat then you would have to return the money but only if she returned the cat. The customer cannot have the money and the cat under any contract theory I know of. I'm not certain how much money is involved but the customer's only option would be to file a suit in the small claims court and my opinion is she would lose.
Customer: replied 4 years ago.

The price of the kitten was $650. I have one more question, I live in pa and she lives in Canada, if she takes me to court do I have to go there or will she have to come here?

She has to come to PA. Canada has no jurisdiction over you.
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