Adopted A Cat From Rescue Group That Did Not Disclose Medical Issue. Can I Sue For Surgery Costs?
Location: Kansas
Long story short, I adopted what I thought was a perfectly healthy cat from a rescue organization. She saw a vet that cleared her for adoption, through the organization, before I adopted her. I signed the adoption papers and picked her up to bring her home two days later. I brought her to my personal vet the same day I took her home to discover she has a health issue, able to be resolved with surgery, but surgery is relatively dire and over $1,000. Vet said this was an issue severe enough and obvious enough that it couldn’t be missed. Again, same day I brought her home that we discovered this, two days after I signed the official paperwork.
That being said, I have the funds for an emergency surgery for her, I wouldn’t have followed through with adoption if I couldn’t afford something like that. But I wasn’t expecting to be told she needs a $1,000+ surgery same dsy of taking her home, when I was under the impression she was a healthy cat.
I have questions about some of the clauses in the adoption paperwork. First the clauses then the questions, paraphrased because I’m worried someone from the organization might see this.
Clause 1: States that as far as organization could determine, she is a healthy cat, and has paperwork signed from a vet.
Clause 2: If a “pre existing” medical issue arises within 7 days of adoption, contact the organization directly so organization can address the situation. Specifies that if organization is not contacted within first 7 days I would be on the hook for all medical expenses, but at the same time does not clarify that they will help cover any medical expenses, only that they will “address the situation.”
Clause 3: They have rights to contact my vet, landlord, and visitation rights for the organization.
Clause 4: Any “breach of contract” can result in them taking back the cat.
My questions as follows:
Do I have grounds to sue the organization for surgery costs? Does the wording of Clause 2 mean they are not on the hook for covering these costs?
And if I sue, will the organization have grounds to take the cat away from me, as in would it be considered a breach of contract?
Also, yes, I have talked to the organization owner and was dismissed right away as “the surgery isn’t necessary, the vet is trying to scam you out of money, they only care about profit,” etc. I’ve grown to really love this cat but surgery is relatively dire. I have the funds to cover the cost up front but it’s really the principle of the matter.
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