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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1043
Experience:  JD with Distinction, Admitted to practice in California
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My fiancé purchased a Ragdoll kitten birthday. He did it on

Customer Question

My fiancé purchased a Ragdoll kitten for me for my birthday. He did it on a whim and didn't do any research and drove to another state to purchase the kitten. He paid $850 and was given the kitten, a small container of food, a small package of powder vitamins and what he was told was a contract. The contract was signed by the breeder and she did not ask my fiancé to sign nor is there a signature block for his signature. The part of the contract that alarms me the most (as the whole contract doesn't seem in anyway legit to me) is the part saying that the contract is void unless we buy and give the kitten the vitamins in which she sent us a sample of and put a number on the contract that we are to call to purchase the vitamins and says that the contract is void if we do not start her on them within 2 weeks from the date we purchased her.
We took her to the vet the 1st day the vet was opened after getting her and she was infested with fleas and had ear mites. ... We found an article online that a guy wrote on this breeder saying she sold him a sick puppy and could not produce accurate info about the puppy's parents. This breeder also states in this so called contract that we cannot have the TICA registration papers for our kitten until we send proof within 6 months that we have had her spayed. We've only had our baby for 11 days now and we in no way want to take her back we just wonder if this lady has given us a legitimist contract and if we can do anything about her selling us a kitten infested with fleas and ear mites and requirements that seem to be to her benefit as I assume the vitamins are sold by her and her husband and that is why we are told we have to give them to her otherwise the contract is void. I'm wondering if they are going to do whatever they can to ensure we don't get registration papers because she really doesn't have them. .... Do have any leg to stand on to get our money back? Our kitten may not even be a pure Ragdoll. I would like to forward the page and a half contract for your review.
Submitted: 1 year ago.
Category: Legal
Expert:  David C. Garner replied 1 year ago.


You have a lot of issues here, but let me see if I can help. First of all, at minimum you have a verbal contract that has been fully executed. The fact that your fiancé did not sigh the document gives you a credible claim that you did not accept it terms. Further, refusing to sell him a kitty unless he agreed to buy vitamins from them too would be an illegal tying contract (forcing you to buy something you don't want to get something you do).

With respect to the fleas and ear mites issue, you can either deal with it, or give the kitty back, but not both. I'd be happy t review the "contract", but for it to be enforceable against you, it would need to be signed by you. Outside of that she is out of luck.

Lastly, if she cannot or will not produce the paperwork documenting the cat is what she says it is, you can return it.

I hope this helps. Hollar if I can do more.