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I entered into a contract to sell a Persian show cat to a…

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I entered into a...

I entered into a contract to sell a Persian show cat to a customer. After three years the customer no longer wants the cat and wants to return it. One of my contract clauses says I will accept a Persian back, for any reason. The customer cites that the cat pees outside the box. I own a small business breeding, exhibiting and selling Persians. Is this clause binding? I would take the Persian back if medical records are up to date and cat is healthy in order to protect rest of cattery. Customer says she won't take the cat to the Vet. Am I obliged to take this cat back?

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

TN and no.

Lawyer's Assistant: Has anything been officially filed? If so, what?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My contract is comprehensive partly to educate and partly to cite provisions of sale. I believe it is implicit to pay medical attention to the cat and this is demonstrated in the contract. I think the reason for returning the cat is frivolous and due to improper training/environment. Kitten was trained before sale as all my kittens are.

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/28/2018
Lawyer: Ely, Counselor at Law replied 3 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Interesting. Can you copy and paste the entire clause, please?

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Customer reply replied 3 months ago
Clause says: "We will accept our Persians back, for any reason, if you want to give it up. No costs will be refunded. No questions asked."
Lawyer: Ely, Counselor at Law replied 3 months ago

Okay, thank you. There is no "end date" for the return window. In such a case, the Court would fill in what it considers a reasonable end date for the window. See Higgins v. Oil, Chemical & Atomic Workers, 811 SW 2d 875 - Tenn: Supreme Court 1991 ("The intermediate court managed to fill in some of the remaining gaps in the "contract"...).

Three years is NOT reasonable, arguably. And likely the Court would agree. Someone in your situation may wish to write back a letter stating so, and telling them if they wish to try to fight you in court and waste time and money for a decision which will be in your favor, they can.

Next, I would update the clause to have an END DATE for it, such as it being valid only for 6 months from purchase date, for example.

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