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buyers backing out

post #1 of 26
Thread Starter 
I am wondering how you breeders handle buyers trying to back out of purchasing a cat after you have already taken the kitten off the market for some time? I have a signed agreement that I would not refund the money that was paid towards the cat if the buyer decided to back out of the deal , yet a buyer wants to back out for no good reason and wants all the money back! I have to add that I already passed up other offers to sell this kitten for more money then what I sold her for to this person who wants to back out. I could'nt sell her for more because I had a binding agreement with these people not to sell her to anyone else.
Now the buyer will not tell me weather or not they will finish paying for the cat untill she is ready to go at 12 weeks old. That really can hurt my chances of placing her.
I would like input from breeders what would you do in this situation?
post #2 of 26
I have had the same thing happen before. If you have a written agreement stating that you will not refund the money payed. Then I would stick to that. That person has to figure that you have lost sales for that kitten by holding it for them. And they need to realize that the older the kitten gets it can be harder to place it. Don't let them make you feel bad. Just stick to your word.
post #3 of 26
Your Sales Agreement should outline exactly what happens if the buyer backs out ... and you should make 100% absolutely certain they understand this part of the agreement before ever accepting any funds. You should never, under any circumstances, accept money from a kitten buyer unless your backside is covered. Here is how such a clause should read:

"Buyer and Seller agree that if, for any reason, Buyer changes their mind about purchasing the Kitten before picking up the kitten, the Seller will keep a non-refundable deposit of $(insert whatever amount here) from the Buyer’s purchase funds. Buyer further agrees to paying the Seller’s expenses in the event there are any arising from holding the kitten for the Buyer."

You can modify that to read as you think it should to address your specific circumstances, but this is pretty standard. In my own agreement, the buyer must READ this clause in front of me and initial next to it that they understand and agree to it. I go over it with them verbally as well and I make absolutely certain they don't have any questions about how it is going to work in the event they change their mind.

Speaking for myself only here now ... I learned a long time ago that it is better to cover all the bases beforehand - and it is for this reason that I don't accept partial payments or deposits from kitten buyers. They pay for the kitten, in full, when they visit the cattery and choose a kitten. Since, most of the time, the kitten they choose isn't ready to leave the cattery when they visit, I hold the money (I don't deposit the funds) until the buyer actually picks up the kitten. I have only had this happen once, but if the buyer backs out then I deposit the funds, keep my non-refundable deposit and funds for any additional expenses, and return the balance, no questions asked, no hard feelings.

Hope this helps,

post #4 of 26
When someone books a kitten of mine I take a deposit, 15 % of the kittens price. If the buyer changes its mind they lose the deposit UNLESS they can show me papers of illness that prohibits them from having cats.
post #5 of 26
Thread Starter 
I do use the contract from TIBCS and it says that if the buyer should change his/her mind for any reason that the deposit is non refundable. This buyer was not ill they decided on buying a dog after they had already paid money on the kitten and now say they can't handle two small animals.
I did have them sign the agreement and fax it back to me they were too far to come here and do it in person.
Now im wondering what I should do because they say if they do finish paying for the cat they will turn around and sell it. I don't want this kitten sold to just anyone.
post #6 of 26
Ouch! Does your contract state they cannot resell or rehome the kitten unless they first offer the kitten back to you(for free) or get your permission? The contract I signed for my kitten says I can't do any of those things without the sellers written approval.

If not you are probably out of luck with them reselling it, that really sucks!
post #7 of 26
Do not, under any circumstances, give this kitten to these buyers!!! I know you know that but it just begged to be said for clarity.

Tell them this in as gentle a tone as you can muster:

"We had an agreement, which you understood and signed that you both understood and agreed to. I will not be refunding the deposit you placed and the kitten will be offered to another buyer. Thank you for your interest in my kittens, I wish you the best of luck with your new addition."

and leave it at that. If you like, you can PM me and we can discuss a few little details about this that may be better not posted in public.
post #8 of 26
WAIT! Do they ALREADY have this kitten????????
post #9 of 26
Originally Posted by Payge
Ouch! Does your contract state they cannot resell or rehome the kitten unless they first offer the kitten back to you(for free) or get your permission? The contract I signed for my kitten says I can't do any of those things without the sellers written approval.

If not you are probably out of luck with them reselling it, that really sucks!
I signed a contract like that also for my Ragdoll kitten.
post #10 of 26
Thread Starter 
Yes my sales contract says that but they haven't yet signed that because they havent fully paid for the cat yet. They have signed the deposit agreement though.
I think what i'll do is offer to give them back 1/2 of what they paid already. I could keep the whole amount legally and take them to court to get the rest because they did make a promise to purchase the cat but I think the cat would suffer in the long run so I am going to try and work out a solution.
This does really suck. This is my first litter and im already having these kinds of problems.
post #11 of 26
Thread Starter 
No they dont have the kitten yet it is only 8 weeks old.
post #12 of 26
Well, I'm not an attorney (thank god!) but it sounds to me as if it's pretty cut and dried that they've lost their deposit. Personally I would cut my losses with that, they've signed something that says that it is a non-refundable deposit which includes such things as "changing your mind." It does not sound like it's somebody who would be a repeat customer, nor somebody in the fancy with whom you might need to keep an ongoing relationship. As has been said; keep the deposit (as they agreed, once you've signed something buddy, that's IT), thank them for their interest, offer the kit to somebody else where s/he will have a good home.
post #13 of 26
When we sell kittens, we ask for a non refundable deposit - if they decide they do not want the kitten anymore, too bad they lose out on the $50.
post #14 of 26
Thread Starter 
Well im happy to report that I came to an agreement with the buyer to give them part of the money back and now I have my girl available again. I truely believe that I sold her for too cheap anyway now that she is maturing she is a getting prettier and prettier. I might just keep her myself for breeding. I am already keeping her charcoal sister.
post #15 of 26

How about some pics?
post #16 of 26
Thread Starter 
well I no longer have the digital cam to take pics but these are the latest

one in the front in picture below
post #17 of 26
Awww, adorable! I wish I could have her!
post #18 of 26
Me too ... Is Cash still avail??
post #19 of 26
What sweet little faces! They are so precious!
post #20 of 26
Oh my, they are so beautiful, good luck with these sweeties
post #21 of 26
cute babies! so, this is your first litter, and you're keeping two females already? ... ... and who said breeders do this for the money?!?
post #22 of 26
Thread Starter 
Originally Posted by sharky
Me too ... Is Cash still avail??
Yeah Cash is still available and I like him the most as far as personality. He's got great big donut rosettes, no rib stripes and a awesome profile/face.
post #23 of 26
Thread Starter 
Yeah you can say that again! They are all so cute though im going to be sad to see any of them go!
post #24 of 26
Thread Starter 
so the buyer whom I thought I had a resolution with is making it hard again. Being mean and not sending back the agreement to release her. So I can't resell her for now. I may have no choice but to keep her because when I finally get this resolved she may be too old to place. Not sure what to do at this point!
post #25 of 26
Lovely pics! Thanks!!
post #26 of 26
I'm sorry you're having such dramas bb.
But LOVE the photos, they're growing up so fast huh?!
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