I think I know the answer but want to hear other opinions.
Q1. If I have a cat that was purchased from a cattery that forbid reselling her in a contract but that cattery is out of business can I now do what I want with her?
Q2. If one buys a breeding cat and that cat does not and can not breed but the cattery purchased from in no longer in business is there any resource?
Very good questions!
I am not 100% sure on it, but I think the best thing to do would be to contact the cattery again, even though they're out of business to get them to clearify weather or not the contract is still valid. Same with the breeding cat. If they sold you a cat that was supposed to be a breeder, but cannot breed for whatever reason, I believe they are obligated to help you locate a replacement and potentially pay for it... mind you this is how I myself would do it and I'm sure that its different for everyone.
Typically, catteries are not incorporated and are legally sole proprietorships and the contracts of the cattery are obligations (and rights) of the owner personally even after she stops breeding and "closes" the cattery.
Huh?
Sorry.. my brain seems to have died today.. its stress lol
It is polite to contact the original cattery and ask if it is alright for you to rehome the cat.
In regards to the non breeding breeder cat, the fact that she is no longer breeding, there would be little or no hope of a replacement, it would be better to cut your losses and move forward.
I do not think you would get any objection in rehoming these cats as desexed pets.
As for the cat who did not produce kittens, the reason for that would determine whether you should contact the breeder for some remedy. This no doubt varies somewhat around the world, but in the US a breeding cat would be guaranteed to produce kittens - often a single litter, but sometimes more than one - to prove her fertility. If the cat is infertile, then it is appropriate to contact the breeder and ask about a remedy for the failure. Having closed the cattery does not cut off the obligations for the cats, although as a practical matter some breeders will not meet their obligations and it is not worth trying to force a resolution.
The good Breeders in Europe also offer gaurenty of kittens when placing a kitten for the purpose of breeding.........
As to whether or not the breeder will or must uphold the contract after closing, this depends on the breeder. I have seen contracts stating should the cattery close the breeder would no longer be responsible, whether or not this is legal I have no idea.