Question about "Free to Good Home" dog

[Yorkieville200]

Also, why did it take the woman a week to decided she wanted the dog back?

I don't think it would hold up in court. They had a "verbal agreement" and they are just as binding as a written contract.

I think a judge would get to the bottom of it pretty quick.

[Yorkieville200]

Originally Posted by yorkie_mama22

I personally think I would see what the reason for wanting the dog back is. If it's because the woman genuinely misses her dog and sees she made a mistake I would probably give the dog back, but I also know if I was the woman in this situation I wouldn't threaten someone if they didn't give me my dog back. The woman MADE the decision to GIVE her dog away! I don't feel she has any right to just say I want it back, the new owner, if they want can give the dog back. This was a verbal agreement, over in Canada since these people didn't know each other I am presuming, that this was a verbal agreement and technically they made a contract to rehome the dog. I have seen people with sick intentions. I saw an ad not too long ago about a dog that was sold and then the woman was looking for the dog about 3 or 4 months later, I responded to her ad being smart and she told me that she will find the dog again and if she has too she will go to court and say they stole the dog because she had kept some papers! Some people are just sick! And if she couldn't care for the dog a week ago and wanted to rehome them I don't know what could of change.

Exactly!!!!

[Ladymom]

Originally Posted by Yorkieville200

Also, why did it take the woman a week to decided she wanted the dog back?

I don't think it would hold up in court. They had a "verbal agreement" and they are just as binding as a written contract.

I think a judge would get to the bottom of it pretty quick.

Even human adoptions have a "cooling off" period which allows the birth mother time to change her mind.

You are right, a verbal contract can be just as binding as a written contract, but a court would have to determine whether it has all the needed elements. It is already missing "consideration", something of value like money. Since it has just been a matter of days, I doubt the judge would decide that the owner had the required intent when she gave her dog away.

Remember, a court would not decide who the dog would be best with, but only if a true "meeting of the minds" occurred. I doubt it would find in the MIL's favor.

[ARCHIE]

I have read a story exactally like this not long ago on YT.

If someone gave me a dog because they could no longer care for it
and wanted it back a week or two later I would not return the dog
if I bonded with it. No way.
Take me to court.
I think she found someone to pay her for the dog.
I wouldn't waste my time trying to figure it out. If you give something
away it is no longer yours!

[Yorkieville200]

Originally Posted by Ladymom

Even human adoptions have a "cooling off" period which allows the birth mother time to change her mind.

You are right, a verbal contract can be just as binding as a written contract, but a court would have to determine whether it has all the needed elements. It is already missing "consideration", something of value like money. Since it has just been a matter of days, I doubt the judge would decide that the owner had the required intent when she gave her dog away.

Remember, a court would not decide who the dog would be best with, but only if a true "meeting of the minds" occurred. I doubt it would find in the MIL's favor.

I guess, all any of us are really doing, is speculating, because we don't know the content of the conversation when the dog was first given away, and we don't know the content of the conversation, when the woman called and wanted her dog back.

Dogs are considered value like money, unfortuantely.

When someone sues, because their dog has been killed by another dog, they are only awarded a monetary value, of what it would cost to replace the dog.

But I just think it is sad, to see this little dog bounced around at the age of 5.

She should be enjoying a privileged life, like ours enjoy.

My older girl is celebrating her 13th birthday, today, in style.

[keylargolady100]

How sad for the yorkie. Being taken from his home that he knew for 5 years, to become attached to a new person, and now being ripped away again. Just how darn sad! I hope you can fight and keep the baby. The original owner obviously isn't thinking about the dog.

[Jemma]

In a court a verbal agreement is basically a "he said, she said" with no proof. But a written contract is verifiable proof with 2 signatures on it. I'm no lawyer but I worked around the court system. Of course things have changed since 10 years ago. I just know that a Judge likes to give a little to both people if he/she can. But the he said, she said, is basically a waste of court time. If you do go to court, try and get some concrete stuff. The more evidence you present, the more the Judge will lean towards you. Words just don't mean anything to a Court. Maybe a lawyer can hop in here and tell me that I'm way off base. I hope I am, lol