Kitten sale agreement pointers

[Bay-boo]

Hi, i am new to selling cats by myself. Earlier I had a tie up with a pet shop, however they were quite unethical so I’ve decided to find homes for my Persian kittens by myself. And thankfully I have found two. I would like to know what points should be included in the sale agreement.

PS: if anyone has a draft/rough draft, please share if possible.

 

[di and bob]

Are they registered? That is first, if not they are not worth as much. There are quite a few Persian breeders on here, i am sure they can help you. if they are not registered, I would bet you could find an agreement on the internet. the big point with me would be to make sure there is an understanding to return the kitten to you if they decide they don't want him/her. Do you have pictures? I would LOVE to see them! I have one long-haired red cat, he is quite the character!

 

[Caspers Human]

This is an example of what I have seen used in the past:
(My father used to breed hunting dogs and this is similar to what I remember him using.)

Bill of Sale of Animal​

Seller:
<Name, Address, City, State, ZIP - Phone - E-mail>

Buyer:
<Name, Address, City, State, ZIP - Phone - E-mail>

Animal Sold:
<Quantity> <Description> <Gender> <Markings/Identifiable Features> <Animal's Name, if any.> <Size/Weight>

Terms of Sale:
In consideration of the sum of $<Amount>, paid in <Cash/Check>, Seller agrees to transfer all rights and responsibilities of ownership of the animal described above to Buyer, according to the following terms:

1) Seller warrants that Seller is the legal owner of the Animal and has the right to sell Animal, free from any liens, encumbrances and/or claims from any other persons or entities.

2) Both Buyer and Seller agree that the sale shall be on an “As Is” basis. All warranties of merchantability or fitness for a particular purpose are disclaimed.

3) Buyer agrees that all care, feeding, upkeep, and/or other expenses relating to Animal shall be the sole responsibility of Buyer after sale.

4) Seller shall have no further rights or responsibilities, financial or otherwise, in regard to the animal after sale.

5) Buyer agrees that any medical (veterinary) conditions, diseases or defects which may arise in Animal shall be Buyer’s sole responsibility after sale.

6) Seller makes no warranty regarding any medical (veterinary) issues, diseases or conditions regarding the animal being sold whether preexisting, latent or occur in the future.

7) Buyer agrees to take full responsibility for the animal’s upkeep and behavior and that any legal or civil matters which arise in relation to Animal shall be Buyer’s sole responsibility after sale.

8) Seller agrees to release Buyer from payment of any expenses in regard to Animal which Seller may have incurred prior to Sale.

9) Buyer agrees to release Seller from payment of any expenses in regard to Animal which Buyer may incur after sale.

10) This sale has taken place in <State>, <Country> and is to be interpreted according to the laws of <State>.

11) This document contains the entire agreement. Neither Buyer nor seller agree to any terms or conditions which are not listed above.

12) If any of the terms of this agreement are deemed to be invalid, the remainder of the agreement shall remain in force.

Signatures:

Buyer: ____________________________________________ Date: _____________________

Seller: ____________________________________________ Date: _____________________

I don't expect that a contract like this would be the final word but I think it covers the important points. I suggest that you copy the above text, edit it for your purpose then print it out and show it to a lawyer. Take their suggestions and update accordingly.

If you want, you could add a clause to give the buyer the right to return the cat to you for, let's say, 30 days after the sale.

You can also add a clause that says that the buyer has to give you right of first refusal if they ever want to get rid of the cat.

A lawyer's fee for looking over a contract shouldn't be very expensive.

If the buyer wants to make changes to the contract, edit accordingly. Check with the lawyer again, if necessary.

Once you and the buyer agree to the contract, print out a copy, signed by both parties and take it to a District Justice, Magistrate or a Notary Public and have it notarized.

Of course, print out two copies and sign them so that you and the buyer can have a copy.

 

[GoldyCat]

Parts of the example Caspers Human posted don't work for cat breeders. Most breeders I know include a health guarantee in their contracts.

There is also usually a clause stating that if the buyer cannot (or does not want to) keep the kitten/cat, it will be returned to the breeder, not sold on or left at a shelter.

If the kitten is not sold with breeding rights it will either be spayed/neutered before going to its new home, or there will be some provision made to guarantee that the spay/neuter will be done by the new owner. This could be a return of part of the purchase price, release of the registration papers, or something similar.

I'll have to see if I can find the contract I signed when I bought my Abyssinian. I'm sure there are more details that I can't think of right now.

 

[iPappy]

Parts of the example Caspers Human posted don't work for cat breeders. Most breeders I know include a health guarantee in their contracts.

There is also usually a clause stating that if the buyer cannot (or does not want to) keep the kitten/cat, it will be returned to the breeder, not sold on or left at a shelter.

If the kitten is not sold with breeding rights it will either be spayed/neutered before going to its new home, or there will be some provision made to guarantee that the spay/neuter will be done by the new owner. This could be a return of part of the purchase price, release of the registration papers, or something similar.

I'll have to see if I can find the contract I signed when I bought my Abyssinian. I'm sure there are more details that I can't think of right now.

The return clause is not only peace of mind for the breeder, but for the buyer. Should something happen, they would never have to worry that their kitten or cat would be sitting on death row.
Bay-boo good on you seeking out homes for the kittens yourself. Pet stores are not a great place to place kittens as you have absolutely no idea who is taking those kittens or what they're doing with them.
I have never bred a litter of kittens, but I have rescued and adopted kittens out with a contract. It's been over 15 years since I've done that, but I do remember highly encouraging the buyers/adopters to research the problems with declawing, and providing some links and articles detailing the potential issues. I also stated that the kittens were to be indoors ONLY, aside from safe outdoor activities (harness training, catios, etc.).

 

[Caspers Human]

Don't forget, the text that I posted was just supposed to be a starting point. Other people can make changes.

Once enough people give input and make changes, there should be a good framework for others to use in making their own contract.