Would you buy a pedigree cat if?

[Soupie]

Originally Posted by Kay

Then I must have a very good solicitor as he has gone to court with such contracts and won. He told me that the person concerned in my case would not have a leg to stand on in court.
The reason breeders do not take it any further isn't because they don't stand a chance, although that is probably what they will tell people, it is because it can be expensive and drawn out. But I guess it all depends on how much a certain breeder wants too protect their babies.

Actually in my experience the reason most breeders don't take it further is because their contract won't stand up or rather the clause they seek to rely on won't stand up! As you say your solicitor has been successful so far with the contract he has drafted and they can stand up if drafted properly - in my experience though most aren't drafted properly and wouldn't be enforced. Even a well drafted one may contain clauses which wouldn't be enforced - it really can depend which part of the contract has been breached and whether the court considers the term to be "fair" or not.

I would argue that certain clauses I know are in many contracts will not stand up to the "fairness" tests but contracts do vary from breeder to breeder and some have clauses which are very shall we say "extreme"

A good solicitor won't tell someone something is unforceable if it is enforceable but we always advise on costs implications - it is then up to the client whether to pursue the matter or not.

I always try and put the other side of this when it comes up as many people assume a contract being "legal" is enough - it's not!

[Kay]

My contract was not drafted up by my solicitor I drafted it myself and I do not have any legal training, and neither were the cases he won. If the contract is signed by both parties then it is legal and binding as it has been deemed to have been agreed by both parties. The police were initially invovlved in my case by the other party but even they would not do anything for her because of the contract.
I have been breeding for 7 years now and I know of several breeders who have had occassion to take people to court and they have all won. They are all in different parts of the country so have therefore used different lawyers and courts etc. I dare say there have been cases that have failed but if done right contracts do protect the cat.

[Soupie]

I think you are missing my point - I am making the distinction between legal contract and enforceable contract - one should never assume the first is always the second - yes it should be and often is but there are a considerable number of breeder cases which also fail and it is nothing to do with the contract not being valid but with it not being enforceable.

[Kay]

I do get your point but the contracts are the best option for breeders and are, as you say, enforceable in some cases. I do realise that some cases fail as in all areas of law.

[Saracatz]

Going back to your original question.
Personally I would not pay that sort of money for a kitten not registered with gccf or similar, its not so much the money but as they do not seem happy to name the parents I would be worried about in breeding and buying a kitten that could have many health issues.