Breeder sold me a sick cat

Question

I bought a cat a month ago from a breeder. The breeder said the cat was healthy, but after a month I took him to the vet for the shots and the doctor said he has a testicle problem and needs surgery. I have a contract that says the cat health is guaranteed but when I contacted the breeder she refused the refund and taking him back. Can I do anything about this situation?

Answer

I am not sure about Canada (consult with an attorney in your area) but in the United States some states have pet sale laws which provide remedies to consumers who purchase sick animals or animals with congenital problems from pet stores and some breeders. These remedies often include returning an animal and getting a refund, returning an animal and getting an animal of equivalent value, or getting reimbursed for veterinary expenses to treat an animal. If litigated, courts would also consider the sales contract language. Even without a specific pet sale law, purchasers may have rights in the U.S. under other laws, such as the Uniform Commercial Code which pertains to the sale of goods (including animals) from merchants. There have been cases where courts decided that an animal was unmerchantable (unfit for sale) and awarded compensation to the purchaser. Also, in the U.S. courts could consider whether there was a breach of a merchant's express warranty (for example, where an animal was sold for a specific purpose, such as breeding, but could not be bred), and may order compensation based on the difference in value of an animal who was not in conformance with the express warranty. Companion animals deserve loving forever homes. I hope you can provide that. Good luck!