Legal Question in Business Law in California

sell of a cat

About 5 months ago I sold a persian kitten to a lady there was no contract. she paid cash. I said the kitten was a girl my vet said the kitten was a girl, now the Lady says it is a boy and want's to trade for another kitten or at least get a cheap deal on a new kitten. the kitten is now 7 and a half months old. I said no cheap deal or trade as it has been too long, she said she would consult an attorney.Is there a time limit on something sold like this? what will happen? will I have to give her a new kitten?


Asked on 10/10/99, 5:37 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: sell of a cat

She is entitled to either a full refund or exchange. She is not entitled to a discount because the cat was found to be a male and not a female. She is just trying to scare you by telling you she is meeting with an attorney. Tell her the options if she doesn't agree to either one tell her tough. I would also give her a time limit of no less than five days and no more than 20. Good luck.

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Answered on 10/11/99, 6:36 pm
Ken Koury Kenneth P. Koury, Esq.

Re: sell of a cat

She is probably not entitled to anything at this point. The law does not set an exact time limit but there is a legal doctrine called “latches” that says if you wait an unreasonable amount of time before claiming a right the right is waived. I think a good argument could be made here that she waited too long.

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Answered on 10/11/99, 6:59 pm


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