Reclaiming Deposit for Sick Cats

Questioner

We made a deposit for 2 cats (1 kitten and 1 female cat) now I would like to know if I am entitled to get it back. In January we went to the breeder for the first time. The kittens were a bit sick but the breeder told us that they were on antibiotics and that they would be better soon. After that we made the down payment for the cats. A month later the kitten still did not appear to be better. It turned out to be a herpes virus. The 3 antibiotic treatments did not help completely. She then switched to a homeopath. He claims that the homeopathic remedies destroy the cells of the virus and thus remove the disease. After some research on the internet we found out that it is the sneezing disease caused by the herpes virus. Because we wanted a reliable opinion about this we contacted a regular vet. He told us that the herpes virus cannot be destroyed and the box will always have it. When the resistance of the cat decreases the symptoms come up. And if you are unlucky the cat will always keep sneezing. He also said that we better not start with that. But because of this we cancelled the kitten with the breeder, of course stating the reason. She said back that she is convinced that the kitten will get completely better. And that we were not allowed to have the cat anymore. March 28th the kitten was still sneezing. Can we get our money back?

Lawyer

Of course, you can claim your money back. You have far exceeded your aftercare and research obligation. The seller did not tell you the whole truth because he may have been aware of the problem with the animals. The seller should have had the animals researched before they were sold and the seller did not do that. So you can claim your deposit back.

Lawyer

The purchased item is afflicted with a burden or defect that should not have been there, as the law says. Therefore, you may reclaim the purchase or down payment now that repair will not be possible according to the vet. The seller must prove that the cat is healthy. (non-conformity 7:17BW)