Question
I paid a cat breeder in full in June 2023. She operates a closed cattery and promised a kitten in December. However, she offered me a kitten from a different cattery, not under her care, and is refusing to refund me. She is attempting to shift blame to me for not accepting that kitten. What are my rights in this situation?
Answer
Oh, if only you went to a shelter and adopted one of the many cats who need a loving, forever home! People who believe that their contract has been violated and want a refund or specific performance (meaning complying with the contract) can sue. However, verbal agreements can be difficult to enforce without corroborating evidence since disputing parties often recount different versions of their agreement. In any event, if a lawsuit is commenced, the court will consider the evidence and determine rights. Small Claims Courts in New York handle cases for money so if the case is for specific performance of a contract (such as having a kitten from the breeder’s closed colony given to you) you will likely need to go to a different court.
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