I have two 9 month old Maine Coons that have both had to have bi-lateral bulla osteotomy surgeries due to giant polyps. The first indication of the problem was at 12 weeks (we got them at 10 wks). The breeder was notified and did not offer any assistance and said that none of their other cats had this problem. They basically blew us off. Our attorney is sending a letter requesting reimbursement now that all the surgeries are done. If they do not respond to this I would like to file a complaint, as we will be taking them to small claims court as well. What do you feel a breeders responsibility is in this situation? If we had done nothing, the kittens would either died due to respiratory distress or been put down. Maine Coons are to sweet to put down if something can be done to save them!

Thank you for your input.

-- Anonymous, January 12, 1999

Answers

Response to Compaint against breeder

Well, it entirely depends on the content of your sales contract with your breeder. These things vary a /lot/ in what the breeder warrants and promises to the buyer, and that is the first place where I would look for answers.

My own contract warrants that the cat is healthy, and gives the buyer 7 days to return the cat for a full refund if their vet says differently. (It additionally gives a "genetic soundness" guarantee, which protects the buyer against death due to genetic defects, but that's not relevant here.)

I suspect if it had been my kittens, and you had contacted me 2 weeks after the sale with a problem that your vet confirmed, I would still honor my guarantee, take back the kittens, and refund your purchase price. I would then have /my/ vet treat the kittens, and either offer them back to you or place them elsewhere, as we agreed mutually. I would not offer to pay your vet bills, especially if you refused to return the kittens. (I'm not saying you did, but some people get attached quickly, putting the breeder in an awkward spot.)

My basic policy, then, is to do my best to make sure my buyers have healthy kittens. However, I will not pay anyone else's vet bills when I didn't get input on the treatments and the vet is unknown to me. (Also, many breeders get "quantity discounts" from their vets and may reasonably resent having to pay "retail" prices to someone else. ;-)

As for polyps, a tendency to them does appear to run in some families. I only ever had one kitten crop up with polyps, but since I don't place my kittens before 12 weeks, my vet caught the problem and I had the surgery done before the kitten was placed. (Also warned the new buyers that there was a possibility of the polyp returning, but this cat is now 2 and so far, so good.)

It's a tough situation, which could have been defused by responsiveness on the breeder's part at the beginning. However, I suspect I would limit the breeder's liability to the purchase price of the kittens, or the cost of the surgeries, whichever is less. YMMV, and best of luck.

Regards,

Ambar
Ambar Maine Coons

-- Anonymous, January 12, 1999

Response to Compaint against breeder

I left a deposit with a breeder and was unable to complete the sale for personnel reasons. The breeder states that the deposit is not refunable and that this is customary for all breeders. This was never stated to me in any form of communication. How can I get my deposit back ?

-- Anonymous, February 17, 1999

Response to Compaint against breeder

This is in response to the deposit. I think it is generally understood that a deposit is non-refundable. When a breeder or store takes a deposit they cease trying to to sell the animal. In the mean time, while the buyer is waiting, the animal is getting older (& more difficult to sell) When a buyer puts a deposit down they, & rightfully so, it is expected that the seller will not let the animal go to anyone else. I think it is an unspoken contract, but, binding, none the less.

Pam

-- Anonymous, February 18, 1999