VIC $1650 Deposit on Kitten that died

[SmithsLeague]

My partner and I found an ad on gumtree for Maine Coon kittens, we saw a kitten we liked. We messaged about the female kitten he said she was available, we organized a video call over facebook to see the kitten. We were happy and the breeder was happy to give the kitten away to us and we paid the deposit which was $1650 (half of the kitten). Fast forward a few days later I get a call from the Breeder stating the kitten had died. I asked for our deposit back as we had no interest in the other kittens as the kitten we wanted was Polydactyl (6 toes on both front feet which is unique hence why we wanted said kitten) he then states that the deposit must go to another kitten or future litter. My question is do I have any ground to stand on? He was very snarky in the last message and just leads me to believe I am unable to trust the breeder for any future kittens. For reference he is located in SA and i am located in VIC.

 

[Rod]

Unless there is a term in a contract saying otherwise, you are entitled to get your money back.

 

[Tim W]

Is he a legitimate registered breeder, or a backyarder?
In any event, I agree with @Rod, with the added thought
that you might need to run your dispute in South Australia, rather than in Victoria.

 

[SmithsLeague]

Really appreciate the response. No, not a backyard breeder. Registered and has an ABN which expires in a few months. I have a meeting with The Animal Law Institute Monday so hoping they are able to help me and have made a report to consumer affairs in the meantime. Hopefully on the right track.

 

[SmithsLeague]

Also no contract but he is saying I agreed over the phone that if something happened to the kitten my deposit would roll onto another kitten or future litter.

 

[Rod]

Write a demand letter demanding your money back, and refuting the claim you agreed to roll over the deposit, and providing the reason given in your post. Give 14 days to pay, else take the matter to the local Magistrates' Court. VCAT cannot help when the other side lives interstate.

 

[Tim W]

...he is saying I agreed over the phone that if something happened to the kitten my deposit would roll onto another kitten or future litter.

So then all he has to so is prove that's what the agreement was.
Bit hard to do that, without the deal being expressed in writing/ SMS/ Messenger/ on the website, in the advert, in an email whatever.

I imagine that you're saying is
that you agreed to buy that kitten,
not just a kitten?

 

[SmithsLeague]

I’m hoping The Animal Law Institute are able to draft a LOD. Just don’t want the legal fees to out way the costs of the deposit/kitten. The unfortunate thing is this breeders house has burnt down last month and I know he can’t afford legal fees(if they occur) hence why he is keeping my deposit so tightly (which on a human level I really do understand but I don’t have money to burn on a kitten I’m not %1000 happy with). He has what possessions he has left up for sale on Gumtree and two Go Fund Me’s. It’s a sad situation.

Yes correct, specially that kitten as it had an abnormality (polydactyl, 6 toes). I have Screenshots of all communication, gum tree ad, phone call logs etc have also stopped communication until I see ALI and get further advice. I’m unsure if they have the capacity to help me as they stated in their initial email to me.

 

[Tim W]

I agree about risk of the costs of lawyers outweighing the costs you have incurred to date.
That said, he won't need to worry about the cost of a defence
if he does the right and sensible thing now.
Of course, even is the house fire thing is true
(remember, it's Gumtree; nothing is reliable or true until it's in your hand),
then all that changes might be your willingess, not his obligations.