|
Question about "Free to Good Home" dog Last week my mother-in-law received a 5 y/o Yorkie that the owner could not take care of anymore. The owner called her up today and said that she wanted the dog back, and if she did not give her back she would take her to court. My questions is. Does the previous owner have any right to do this? Joe |
Unless there was a contract that was signed by both parties, unfortunately the owner has every right to do this. What an unfortunate situation. I'm very sorry. This is why people need to *think* before they rehome their pets and make a list of their reasons, so that they don't pull the rug out from the people who then fall in love with *their* new pet. Hopefully something can be worked out. |
How sad. Not being a lawyer like MeganS :p, I'm not sure of the legal ramifications. I would think any kind of paper trail outlining the agreement would help in small-claims court. Or if you could get them to admit the agreement and record the conversation. However, as sad as it is for your mother, it's probably best for the dog to go back to its original owner. |
I'm not sure she would have much of a chance in court. I think when she gave you the dog that was the verbal agreement. Save any ads she posted. Do you think she wants the dog because she really misses it, or do you think she found out she could sell the dog? |
Quote:
Sheila |
Quote:
|
Because it has only been a week, I agree with sending the dog back. 5 years is a long time. She must have given your MIL a reason, what was it? |
Quote:
My girls are 10 years and 13 years, and believe me, after I had them a week, I couldn't have given them away, let alone after 5 years. I suspect the woman found out she could sell the dog and that's why she wants her back. For the dogs sake, I'd stand firm. She doesn't need to be bounced to yet another 3rd home. Just my feelings. |
I would first like to know the reason she wants her back. I don't think it is money because she can sell her. The dog is 5 years old. Can you give us a little re info? I was under a whole lot of stress one time. And was going to pace my one dog because I wasn't giving her the attention that she truly deserved. My family made we went. Eventually it worked out and I thought to myself. What was I thinking?? I would have been a lonely, miserable person. But if the situation had not changed, for the love of my dog, I would have placed her. Sometimes a dog needs and deserves more than their owner can give them. But you have to love your baby enough to know she deserves better. What a decision to make. After 5 years, wow |
It's always important to draw up a contract when rehoming a pet and ask some fee, however small. It's called "consideration" in contract law and shows intent. Unfortunately, since it's been such a short period of time, your MIL needs to return the Yorkie. |
I think the thing that bothers me is that the woman threatened to sue. I would like to hear both sides of the story. And as far as the dog being 5 years old, yes, if she is out of good lines and beautiful, the woman could sell her. I'd like to hear from Joe again, and have him tell us the conversation that took place between his MIL and the woman. |
It also sounds like the woman just needed for the dog to boarded for a week and she didn't want to pay someone. :confused: I'm curious to see how this all plays out. |
Another thing that bothers me, is last week, she couldn't take care of her, so she rehomed her. What has changed since last week? |
Quote:
|
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. |
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. |
Quote:
|
Quote:
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 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! |
Quote:
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. :) |
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. |
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 |
| All times are GMT -8. The time now is 07:18 AM. |
Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2026, vBulletin Solutions, Inc.
Copyright ©2003 - 2018 YorkieTalk.com
Privacy Policy - Terms of Use