Pet Legal Advisor Elinor Molbegott

I rehomed a pet 6 months ago who was licensed and microchipped in my name. I interviewed and made a verbal agreement with the new pet parent that if they could not keep the pet to call me first. Two weeks ago, I received a call from an animal shelter 150 miles away. They never changed the address on the license or chip. Irresponsible pet ownership! I drove the 150 miles and picked up the dog and brought him home. Someone other than the person I made arrangements with now wants the dog back. Do I have to give the dog to them?

When a person gives an animal away, the person usually does not retain rights to the animal, unless there is an agreement stating otherwise. When these agreements are verbal and a lawsuit is commenced, the parties usually have a different “story” to tell. Perhaps the person to whom you gave the dog would acknowledge that she agreed to call you if she/he could not keep the dog, but perhaps she/he would deny ever making such an arrangement. The fact that a microchip is not registered to a new “owner” does not in and of itself mean the new “owner” has no rights or that the person under whose name the microchip is registered still “owns” the animal. These cases are decided on a case by case basis depending upon the evidence presented. Hopefully, you and the person claiming the dog can reach an agreement that considers what is really best for the dog.

I adopted a cat from a rescue within PetSmart 8-9 months ago and a vet diagnosed him the other day with stomatitis. This was something I noticed as a kitten at the rescue but I did not know it was a serious disease. I thought the bad breath and red gums could just be gingivitis. So I asked the rescue for help and they told me to just give my cat back. Do I have any legal recourse in a civil court?

Unless there is a written agreement in which an adoption agency commits to providing health care for adopted animals, it is unlikely that a court would award an adopter money for an adopted animal’s healthcare nine months (or any time) after adoption. If you have an adoption agreement, I suggest you review it to see what it says, if anything, regarding health care. I hope your cat responds well to treatment.

What can be done if your sweet dog was cremated without permission?

One can sue. In a NY case involving the wrongful destruction of a dog’s body, the court, in awarding the dog’s guardian monetary compensation, stated, “In ruling that a pet such as a dog is not just a thing I believe the plaintiff is entitled to damages beyond the market value of the dog. A pet is not an inanimate thing that just receives affection; it also returns it. I find that plaintiff Ms. Corso did suffer shock, mental anguish and despondency due to the wrongful destruction and loss of the dog's body.

My daughter purchased a cat ($85.00) from a Vet Clinic and when she got home the cat attacked her. She has numerous scratches on her face and arms. The Clinic told her they would not refund her money but would give her another cat. She would like a refund. What are her resources?

It can take some time for a cat to adjust to a new environment. One should not ‘judge’ a cat based on the cat’s initial behavior in a new home. When one is not satisfied with a settlement offer, one can sue.

I recently adopted a young dog from a rescue organization. I've had him for six months and he ran off while I was watching him one day. He vanished when I put shoes on to go get him. He was across the street, but one of his tags had the rescue organization on it and the samaritan who found him called. Instead of calling and telling me he was safe and 50 ft away, they let me sweat it out for 10 hours looking for him, and sent someone 100 miles to pick him up. Now I have to drive down to pick him up, pay $200 to them for "recovery", and have been scrutinized for letting him pee unleashed. My question is will they be able to take my dog away for any minor infraction forever? Will the dog ever be legally mine?

Thankfully your dog is alive and well! Unfortunately, not all animals and their guardians are so lucky after an animal goes missing. Oftentimes when animal shelters and rescue groups place animals for adoption, they do so with certain conditions which are usually spelled out in an adoption agreement. This is done to better ensure that the animal will be cared for and have a forever home. Rescue groups and animal shelters are concerned about the welfare of the animals they place for adoption and are generally in no rush to take animals back for minor “infractions.” You need to review your adoption agreement to better understand your rights.

I moved recently from a rental in Bethlehem, PA and my neighbor was caring for my indoor/outdoor cat while I got settled in my new place. I was coming by twice each day to feed him and get updates. On the 3rd evening, my neighbor told me a woman came by to show my former rental and took the cat with her when she left. I contacted her and she replied several weeks later giving me a phone number of someone she had given the cat to. When I contacted that person (via text) I was told that I abandoned the cat and was unfit to get him back. Now I can't get any info, and I want my animal back. What can I do?

You can sue and it will be up to the court to decide who “owns” the cat now. If the court determines that you abandoned the cat, it is unlikely you would win the case.

I bought a puppy from a store in Long Island. The puppy was 8 months old in November 2012. The dog was a Dachshund and by December 30th the dog was sick and had a spinal problem. I spent $2,000 to try to save the puppy but it died. The vet said that it was nothing that I did, that those dogs have spinal problems but not that young. The puppy was not even a year old and I barely had her for two months. What are my rights? Can the puppy store reimburse my money for the purchased dog and can they also pay for the vet bill?

I am very sorry for your loss. According to NYS law, if within 14 business days following the purchase of a dog or cat from a pet dealer (which includes pet stores and many breeders), a veterinarian certifies the animal was unfit for purchase due to illness or a congenial malformation which adversely affects the animal’s health, the purchaser has certain remedies. These remedies include the right to reimbursement of veterinary expenses up to the purchase price of the animal, the right to return the animal and receive a refund, or the right to exchange the animal and get an animal of equivalent value. This law also states that pet dealers may not knowingly sell any animal that has a diagnosed congenital condition or contagious disease that adversely affects the health of the animal without first informing the consumer, in writing, of such condition. However, since you purchased the dog several months ago, this law is not likely to be helpful to you. Also, it may be difficult to prove that the seller knew of the animal’s spinal problem or that the spinal problem was congenital. Sometimes, purchasers can be successful in lawsuits against pet stores even if the purchaser does not act within the time frame set forth in NYS’s pet sale law. Purchasers could allege a violation of the Uniform Commercial Code (UCC). The UCC is a more general law that pertains to the sale of goods by merchants (in your situation, the pet store). This law generally requires merchants to sell goods that are merchantable (fit for sale) unless otherwise agreed upon by the parties. Again, it may be difficult to prove that your dog had health issues at the time of sale or that the seller knew about the health problems.

Dogs sold at pet stores often come from puppy mills--- breeding facilities where animals are kept in overcrowded and unsanitary conditions. The result is large scale suffering (remember the breeder dogs spend much of their lives in cages and without socialization). There is also inbreeding (which can result in congenital problems that may not be immediately detected).

So we lost or someone stole our dog. The case is a vet in Houston scanned him and called us that he was found. The new owners refuse to give him back and I don't know what to do. Because I don't live in Houston, Texas. I live in New Braunfels, Texas. I have made a police report in Houston & the police say they can't force her to give him back. What can I do?

You can bring a civil action for the return of your dog. Consult with an attorney in your area immediately.

One dog on breeding contract. One not on any contract. Both were taken without notice on grounds of a breached contract. Contract was not breached. Do I have rights to my dogs or the right to tell them not to sell my dogs until I take them to court?

I suggest you contact an attorney in your area. Sometimes one can get a court order to prevent/enjoin the sale or other disposition of property or animals pending the outcome of the case.

I adopted a greyhound from ------- greyhound trust after my dog ran away. My dog has since came back. The lady from the greyhound rescue center persuaded me to let the adopted dog go back to them. I wasn't thinking straight; I want the dog back but they won't let me. I have the signed adoption papers, can I do anything to get him back?

Normally when one surrenders an animal to a shelter/rescue, one signs a surrender agreement which states that the person surrendering the animal has no further rights to the animal. Just because a person has a signed adoption agreement does not mean that the person still “owns” an animal if that person subsequently surrendered the animal to a shelter/rescue or gave or sold the animal to someone else. However, some agreements are vague and occasionally animal shelters and rescue groups will agree to re-adopt an animal to a person who surrendered the animal. If you still want to pursue getting the dog back and cannot work out a re-adoption with the rescue group, consult with an attorney in your area who can review your paperwork and advise you about your chances of success in a lawsuit.