What to do about a guarantee for genetic diseases but a no refund policy regarding the sale of a cat?
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What to do about a guarantee for genetic diseases but a no refund policy regarding the sale of a cat?
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 exists and you will get a kitten of same value as a replacement. Well I am no longer breeding; all my cats are fixed. However, one of my previous kittens( born almost 2 years ago) 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 will be returned. Of course she doesn’t want to return the cat. What legally do I do?
Asked on February 5, 2013 under Business Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the agreement by which she purchased the kitten specifically said there were no refunds, just a replacement cat, that is your only obligation: having purchased a cat subject to a restriction on returns, which restriction is legal, she is bound by the terms of the agreement. You do not have to refund her money; whether it may make more sense to do so, to avoid the possibility of her suing you (since even though, based on what you write, you'd likely win, there are costs to having to defend yourself in court) is another story, and something you should consider.
Note that you are obligated to the agreement, too, so if she has a right to a kitten of equal value, you'd have to provide one, even if that means buying it from someone else and reselling it, or she could sue you for a replacement kitten and very likely win.
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