I rehomed a dog and she didn’t uphold the contract.

////I rehomed a dog and she didn’t uphold the contract.

Question

I rehomed a grown dog to a girl with a strict return policy and signed contract. She gave the dog away without contacting me, so can I go take him back? I wrote out a contract and had the lady who adopted my dog sign it. It states that she is not allowed to give my dog away and that he must be returned to me if she's unable to keep him. She gave him to her ex shortly after taking him, and I just found out a few months later. Can I go take him back since the man isn't supposed to have him?

Answer

People can sue to try to get an animal returned. Self-help (trying to take the animal without legal process) could result in an arrest. If a lawsuit is commenced, the court will consider the terms of the written contract but unless the contract specifically provides that the animal may be reclaimed for breaches, it should not be assumed that the court would definitely order the return of the animal. Also, the person who has the animal was not a party to the contract, which further complicates matters. I hope the dog is doing well and that you all consider what is best for this dog who you rehomed and who has been living elsewhere for months. Perhaps it is a good home?

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By |2019-07-10T14:34:39+00:00July 10th, 2019|