Question
I am with Hotel for Dogs and Cats, a 501(c)(3) rescue organization in Pensacola, Florida. We have been operating for 17 years.
My question concerns a microchip dispute. Another rescue organization microchipped a dog seven years ago, kept the chip registered to their rescue, and then adopted the dog out. After seven years, the owner surrendered the dog to us in poor health. We were aware that the dog had a microchip and contacted AKC Reunite three times. The dog’s new adopter also contacted them. On the third call, we were told that the chip had been “locked.” AKC Reunite then contacted the original rescue, which claimed that, even after seven years, the dog should have been returned to them. Meanwhile, we had the dog re-microchipped, and our veterinarian advised the new owner to register both chips. We never imagined that another rescue organization would respond this way.
The dog is now 11 years old and living a wonderful life in Salem, Virginia, with a lovely couple. The owner has a knitting shop, and the dog goes with her to the shop every day. The original rescue is now reluctantly unlocking the chip, but the entire situation seems unbelievable. It is disappointing that rescue organizations do not work together better in situations like this.
My question is: if this turns into a legal dispute, where do we stand legally, and where does the new owner stand? Our veterinarian also said this situation is terrible and ridiculous. What would you advise?
Thank you,
Answer
Many animal adoption agreements state that if an adopter no longer chooses to keep the adopted animal, the animal must be returned to the shelter/rescue organization. The purpose of this provision is to enable shelters/rescues to have control over the animal’s future well-being.
When an animal is not returned in accordance with an adoption agreement, some shelters and rescue organizations will ask the new adopter (person who adopted the animal from the original adopter or elsewhere) to complete an adoption application so their credentials can be checked. Rescues often work together when they are involved with the same animal.
Since a primary mission of animal shelters and animal rescue organizations is to find loving homes for the animals in their care, it is not common for shelters/rescues to sue for the return of an animal when this adoption contract provision is breached unless they have reason to believe the animal is being neglected or otherwise mistreated. If litigated, courts will also look at the equities of a situation, including that an animal is in a loving home.
Also worth noting is that the time to bring a lawsuit for breach of contract may be barred by the statute of limitations (law which sets a time limit when lawsuits may be brought).
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