Are There Legal Ramifications For A Shelter That Allows The Adoption Of A Dog Without Checking For Owners?
I adopted a dog from a rescue group and today they called to tell me I have to give the dog back because it already has owners looking for it. They failed to check the dog’s microchip before the adoption. I just wanted to know if there were any laws that they broke regarding this issue?
Tags: Adoption, Allows, Checking, Legal, Owners, Ramifications, Shelter, That, There, Without
February 27th, 2010 at 2:47 AM
Well as far as laws that would depend on where you live.
But for them being lax then they get the prize for that. It is always a policy at least here where I am first to check for a chip and then hold the dog for up 7 days then release it for adoptions if the dog is found to be adoptable in the first place and no owner shows up!
You will have to check your laws in your town or the laws in the town where you adopted the dog to get the right answer.
February 27th, 2010 at 4:10 AM
Did you sign an adoption contract when you were given the dog? If so, then you do not have to give the dog back. Of course, if the dog has owners looking for it, then you should give it to them anyways (although I would give the dog directly to the owners and not to this incompetent rescue).
You will get your money back, nothing more. Very few judges would award any sort of damages in a case like this, unless you can prove the rescue has a history of doing this to others. If you can prove that, a judge may award you punitive damages (designed to punish the organization for its behavior). However, this would require you to go to small claims court.
It’s probably easiest to just get your money back and find a new dog elsewhere. Try the local city shelter, they do not offer dogs up for adoption until after a mandatory waiting period. If the owner does not claim the dog during that period, it is legally available for adoption.
February 27th, 2010 at 9:37 AM
Hi Collinss,
keep the faith,
I work at a animal shelter in Ma. and although we have never had a situation like yours, we have had dogs that were picked up as strays that belonged to families that were pick up eventually after a couple days or so. I know its got to be tough for you(especially if you’ve had the the dog for awhile) But don’t you think the best thing would for the dog go back to their owners, especially if they were very ernest in their search for their dog. I don’t know about such laws ( I know, it brings up a very curious question why their dog strayed in the first place), but I think your doing the right thing by returning the dog to the original owners.Your perfect pet is waiting for you as you read this
John
February 27th, 2010 at 3:11 PM
i have NO idea but they should give you your money back. if you dont want to give the dog back, ask the family if they would consider sharing it. i saw this on tv once: two families one dog. the dog would spend a week with each family, kinda like joint custody. some people might think this is too much for the dog, to go back and forth, but the dog seemed pretty happy and had two families that loved him. this is beneficial for you too regarding vet costs, dogsitting (if you need to go away for a few days, the other famly can take him or vice versa).
but i would be pretty choked at the rescue group for sure. why wouldnt they check?
February 27th, 2010 at 4:59 PM
It varies by state and region. Contact your local police department.