Selling an animal without a purchase contract: do you still have to comply with the warranty period?
Hello,
A friend of mine sold his 14-week-old cat a week ago without having signed a purchase contract.
The cat was dewormed, had a veterinary check-up, and was considered to be in good health.
So far everything is fine with the new owner, the cat is in perfect health.
My friend is just wondering whether the buyer can make use of the warranty period if the cat should become ill, even if no purchase contract has been concluded?
Based on the data exchange (advertisement, messages, WhatsApp) it is clear that the cat was sold from the seller to the buyer.
If so, can the buyer even return the cat and demand a refund?
(No Ratings Yet)
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An animal does not fall under any legal guarantees. Otherwise, if you had been actively lying on sale with regard to diseases that were known to you -> But that has nothing to do with warranty
A veterinarian’s check was made, with evidence the buyer also got along.
There is no “currency” for beings.
There are animal sales contracts in which there is a warranty period of 12 months.
Does not apply to normal diseases.
Special for defects or damages that were already present during the purchase.
Depends on the condition. FORL, for example, can also be found at the age as it is a dental disease, usually occurs relatively late, so from about 5 years and later, more rare, but not impossible, something can occur very early.
Also, the question of what has been done at the veterinarian’s check is a simple basic examination cannot detect all diseases or genetic diseases, including X-rays, MRT, CT or bone scintigraphy, for example, before it occurs.
Therefore, you should always let your cat be castrated, especially if you are not a breeder in the association, even Ups litters are not simply made except you have a cat that is already pregnant.
If you have unchastred animals, you have to count on something like this when you hold several or unchastrate as a free-goer.
FIP, OCD, FORL there are baptically disorders that animals can pass on to their boys, therefore proliferation and also Ups litter is also like Russian roulette. It’s really bad.
This clause is illegal as the warranty obligation is 24 months. The seller cannot simply halve the period by contract as the buyer is thereby unilaterally disadvantaged.
That’s it. I was of course concerned with such general diseases.
But would it not be recognized before, that is, such malformations or certain genetic diseases? So at the Kitten age?
No. For example, if the cat catches a cold, a stomach upset or parassites and suffers from it, the seller is not liable for it.
If a genetically caused malformation or disease is subsequently found which was still unknown at the time of the purchase contract, the seller will be liable.
Look here a paragraph from the contract:
“The seller shall, from the time of delivery, grant a warranty period of 12 months for defects which were not recognizable during the handover and which only appeared after that. In return, the buyer waives the assertion of subsequent claims for defects. The seller is also available to the buyer free of charge for questions of animal husbandry etc. of the animal.”
So this does not mean that they were not recognizable, but after that, if what is the seller supposed to be liable?
For 2 years, the Seller/Producer shall be liable for any damage/disorder caused by incorrect breeding/breeding.
The seller is not a breeder.
Even if he is more prolific / it was a “ups throw” he is still liable.
So this also means if the animal gets sick at some point by the buyer’s fault, then would the seller still have to arrest?
No, only if this is due to incorrect breeding/breeding.
And what does the incorrect breeding/breeding mean? Do you have to be certain diseases?
An oral contract is also a valid contract.
Okay, so then without a contract?
Now here I have 2 statements which the letter that the seller is not liable and liable…