{"product_id":"vragen-62350-ik-heb-laatst-een-nestje-kitten-gehad-en-die-via-marktplaats-en-facebook-aangeboden-al-gauw-waren-z","title":"Legal Advice on Buying Kittens","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI recently had a litter of kittens and offered them via Marktplaats and Facebook. They were quickly reserved. For a reservation I asked for a deposit of €150 with the explanation that the 'buyer' gets a healthy kitten and that in this way I know that the 'buyer' will definitely pick up the kitten. This way the 'buyer' has certainty and the 'seller' has certainty. I also explained that if the 'buyer' cancels the kitten they will NOT get their money back and if the kitten is too sick or dies the 'buyer' will get his money back. Now a 'buyer' has canceled his kitten and is demanding his deposit back. The kittens had diarrhea and were under treatment by the vet. I explained that young animals are susceptible and sometimes get sick. They are given antibiotics and are fine. When picking up the kitten, the 'buyer' gets a kitten declared healthy by the vet to take home and otherwise until the kitten is healthy. But the kitten will only leave with a health certificate from the vet.   \nShould I now pay that 'buyer' back his down payment, yes or no?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The buyer of an animal legally buys a thing. Even if you do not act professionally, the rules of consumer law must be followed. The kitten is a 'thing' and the buyer thinks, a thing with a 'defect'. an illness.\n\n The law then states that you, the seller, must prove that this defect did not also exist at the time of the purchase of the kitten plus six months, if this defect occurs within that time. It must be a real defect. The law also stipulates that the nature of the matter or the deviation opposes this.\n \nAnd, it is as you state that the animal can get sick so the above can apply. Only if the animal has a non-isolated illness that could not have been foreseen and is not usual and the result of another existing defect, inherent in the purchased, the buyer is entitled to 1) repair, 2) replacement if repair cannot be required (too expensive in relation to replacement, only then 3) dissolution if neither repair nor replacement is possible.\n\n The buyer must take delivery of the animal.\n\n So I would say no in answer to your question unless the kitten was sick or already had the defect at the time of purchase, but yes if you can resell the kitten for the same price minus your advertising costs, you are not supposed to enrich yourself because a buyer cancels,\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004501049693,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-62350-ik-heb-laatst-een-nestje-kitten-gehad-en-die-via-marktplaats-en-facebook-aangeboden-al-gauw-waren-z","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}