Five clauses decide almost every kitten dispute: the deposit, the health window, the desexing requirement, the genetic compensation cap, and where a lawsuit would be filed. The amounts at stake are usually 500 to 1500 USD, and the argument is almost never about money — it is about which of the 5 was written vaguely. A contract with 5 specific numbers beats 3 pages of promises.
Deposit: 20 to 30%, and say what it buys
A deposit of 20 to 30% of the price is normal, and it should be tied to a service: holding 1 kitten for 6 to 8 weeks costs food, 2 vaccine doses and a microchip. State the cancellation rules separately, because this is where most fights start. The version that holds up: non-refundable if the buyer walks away, fully refundable if the breeder cannot supply the kitten, and transferable once to another kitten from the same or the next litter.
Avoid paying more than 50% before the kitten is 8 weeks old, and never pay the balance in cash without a receipt. If the breeder asks for 100% at 14 days of age, that is not a deposit, it is an unsecured loan.
The health window: 72 hours and 7 days
Two different windows are usually written into 1 clause, and they cover different things. The 72 hour window is the buyer's right to have the kitten examined by their own vet and to return it for a refund if the vet finds a pre-existing defect. The 7 day window covers infectious disease that shows up after arrival, which is roughly the incubation of the common respiratory and enteric agents.
What the clause should name: who pays for the examination (the buyer, 60 to 120 USD), what happens to the kitten (returned to the breeder, never resold as a pet without disclosure), and what is excluded. Parasites, ringworm and stress-related soft stool are commonly excluded from the 72 hour window and covered by a treatment credit instead. FIP is usually excluded entirely, because no test at 8 weeks can rule it out.
Desexing clause: the date, the penalty, the proof
If the kitten is sold as a pet, the desexing requirement is the clause that keeps the sale honest. The usual form: surgery by 5 to 7 months of age, at a time your vet recommends, with written proof from the clinic sent within 30 days of the operation. Registration papers are held until the proof arrives, and that single mechanism enforces more contracts than any penalty.
The penalty should be written as a number, not a warning: 500 to 1500 USD, or 2 to 3 times the purchase price, payable on demand, plus the breeder's right to reclaim the cat. A clause that says the buyer agrees not to breed, with no consequence attached, is not a clause; it is a hope.
Genetic compensation: cap it before you need it
HCM, PKD and SMA can appear at 8 months or at 6 years, so the genetic clause needs a time limit and a ceiling. Common terms: a claim window of 24 to 36 months from birth, a cap of the purchase price or 2 times the price, and a choice between a replacement kitten and a cash refund, decided by the breeder or by the buyer depending on who drafted the contract.
Attach the standard of proof, because this is where claims fail. A DNA result or an echocardiogram report from a boarded cardiologist, in writing, with the lab's name and the accession number. Vague language such as a known hereditary condition is unenforceable in practice; the clause should name PKD1, SMA, PKDef and the HCM phenotype explicitly.
Jurisdiction: the clause nobody reads until it matters
Filing in the seller's county keeps a 500 USD dispute from costing 2000 USD in travel. Write the county and state, not just the country, and name the governing law if the buyer is in another state or province. A mediation-first step with a 30 day notice to cure is standard and cheap: the buyer writes, the breeder has 30 days to respond, then either party may file.
Check the small claims limit where the contract will be enforced; in many US states it is 5000 to 10000 USD, which covers a kitten dispute without a lawyer. Arbitration clauses are enforceable but the filing fee alone can run 800 to 1500 USD, so they rarely help the buyer of 1 kitten.
The 6 clauses at a glance
| Clause | Typical range | Money at risk | Enforceable version | Red flag |
|---|---|---|---|---|
| Deposit | 20–30% of price | 240–360 USD | Written refund and transfer rule | 100% before 8 weeks |
| Health exam | 72 hours | 60–120 USD | Buyer's vet, named exclusions | Breeder's vet only |
| Infectious disease | 7 days | 300–900 USD | Refund or credit stated | No time limit |
| Desexing | 5–7 months | 500–1,500 USD | Papers held until proof | Verbal promise |
| Genetic claim | 24–36 months | up to 2,400 USD | Named tests plus cap | Known hereditary condition |
| Jurisdiction | Seller's county | 35–100 USD | County, state, 30 day cure | Country only |
Money figures assume a 1,200 USD kitten. Sign 2 copies, keep the PDF, and store it with the vaccination card and the weight curve, because a claim at 26 months needs the 8-week weight, not just the contract (what a breeding record should contain).
Before signing: 5 checks
- Deposit: a number and a percentage, plus what happens if the breeder cancels; nothing above 30% before 8 weeks.
- Health: 72 hour examination window, 7 day infectious window, and a written exclusion list.
- Desexing: a date range, a stated penalty of 500 to 1500 USD, and papers released only on proof.
- Genetics: a 24 to 36 month window, a cap, and named tests (PKD1, SMA, PKDef, HCM echo).
- Disputes: county and state, 30 day notice to cure, and confirmation that the small claims limit covers the price.
The breeder's own screening should match what the contract promises, so ask for the parents' results before you sign rather than after (the pre-breeding test list). Weigh your kitten on arrival day and every 3 days for the first 2 weeks (kitten weight tool): a curve that is flat at day 5 is the health window being tested in real time.
Frequently asked
How much deposit is normal, and should it be refundable?
Twenty to thirty percent of the purchase price is the usual range, because holding 1 kitten for 6 to 8 weeks costs food, 2 vaccine doses and a microchip. Non-refundable to the buyer is normal and enforceable, but the clause should be symmetric: full refund if the breeder cannot supply the kitten, and 1 permitted transfer to another kitten from the same or the next litter. Paying 100% at 14 days of age is not a deposit, it is an unsecured loan.
What does a 72 hour health guarantee actually cover?
It covers a pre-existing defect found by the buyer's own veterinarian within 72 hours of pickup, usually with the right to return the kitten for a refund. It normally does not cover parasites, ringworm, stress-related soft stool or FIP, which are handled by a treatment credit or excluded outright. The 7 day window is separate and covers infectious disease that appears after arrival. Get the exclusion list in writing before you pay, not after the examination.
Can a breeder really enforce the desexing clause?
Yes, if the clause has 3 parts: a date range of 5 to 7 months with timing left to the vet, a written penalty of 500 to 1500 USD or 2 to 3 times the price, and registration papers released only when the clinic's proof arrives. Withholding papers is the mechanism that does most of the work. A clause that only says the buyer promises not to breed, with no consequence and no document hold, is unenforceable in practice.