Question about "Free to Good Home" dog - YorkieTalk.com Forums

justmejoe523 · 04-16-2009, 07:27 PM

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

MeganS · 04-16-2009, 07:31 PM

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.

alaskayorkie · 04-16-2009, 07:35 PM

How sad. Not being a lawyer like MeganS

, 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.

Nancy1999 · 04-16-2009, 07:47 PM

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?

Yorkieville200 · 04-17-2009, 03:42 AM

Quote:

Originally Posted by justmejoe523

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

I would tell the lady to take me to court. Just my 2 cents. Did your Mother respond to an ad? I hope so, because if the lady really did take her to court, your Mother could use the ad as evidence.

Sheila

JJinjersey · 04-17-2009, 03:50 AM

Quote:

Originally Posted by alaskayorkie

How sad. Not being a lawyer like MeganS

, 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 agree your mother In law should return the dog..she's only had the dog for a week the owner had the dog for 5 yrs....give the women back her dog...it's not like she pai for it....it's the right thing to do!

Jemma · 04-17-2009, 03:54 AM

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?

Yorkieville200 · 04-17-2009, 03:55 AM

Quote:

Originally Posted by JJinjersey

I agree your mother In law should return the dog..she's only had the dog for a week the owner had the dog for 5 yrs....give the women back her dog...it's not like she pai for it....it's the right thing to do!

The woman had the dogs for 5 years and gave the dog away. What does that tell you about the way she feels about the dog?

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.

Jemma · 04-17-2009, 04:10 AM

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

Ladymom · 04-17-2009, 06:23 AM

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.

Yorkieville200 · 04-17-2009, 06:30 AM

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.

dogears · 04-17-2009, 06:37 AM

It also sounds like the woman just needed for the dog to boarded for a week and she didn't want to pay someone.

I'm curious to see how this all plays out.

Yorkieville200 · 04-17-2009, 06:40 AM

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?

symysmom · 04-17-2009, 06:57 AM

Quote:

Originally Posted by Yorkieville200

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?

My thoughts exactly!

yorkie_mama22 · 04-17-2009, 07:12 AM

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.

04-16-2009, 07:27 PM	#1
justmejoe523 YorkieTalk Newbie! Join Date: Apr 2009 Location: Auburndale, FL Posts: 1	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

04-16-2009, 07:31 PM	#2
MeganS Donating YT 7000 Club Member Join Date: May 2005 Location: New Jersey Posts: 12,016 Blog Entries: 1	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. __________________ Megan "I have my dreams, I have made plans." - The Pirate Queen All Gave Some; Some Gave All

04-16-2009, 07:35 PM	#3
alaskayorkie Banning Thread Dictator Donating Member Join Date: Jun 2005 Location: Anchorage Posts: 30,843 Blog Entries: 57	How sad. Not being a lawyer like MeganS , 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. __________________ Mike ~ Doting Dad to Jillie, Harper, Molly, Cooper, Eddie (RIP), Lucy (RIP), Rusty (RIP) and Jack (RIP). Check us out on YouTube

04-16-2009, 07:47 PM	#4
Nancy1999 I ♥ Joey & Ralphie! Donating Member Join Date: Oct 2006 Location: Arizona Posts: 25,396 Blog Entries: 2	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? __________________ NancyJoey Proud members of the CrAzYcLuB and YAP! ** Just Say No to Puppymills – Join YAP! Yorkshire Terrier Club of America – Breeder Referrals

04-17-2009, 06:23 AM	#10
Ladymom Donating YT 2000 Club Member Join Date: Sep 2007 Location: North Carolina Posts: 8,317	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. __________________ http://www.myladysdogbows.com/ http://www.facebook.com/home.php?ref...6213341?ref=nf

04-17-2009, 03:54 AM	#7
Jemma Donating YT 500 Club Member Join Date: Mar 2009 Location: NJ Posts: 838	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?

04-17-2009, 04:10 AM	#9
Jemma Donating YT 500 Club Member Join Date: Mar 2009 Location: NJ Posts: 838	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

04-17-2009, 06:30 AM	#11
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	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.

04-17-2009, 06:37 AM	#12
dogears Donating YT 500 Club Member Join Date: Aug 2008 Location: Charlotte, nc Posts: 555	It also sounds like the woman just needed for the dog to boarded for a week and she didn't want to pay someone. I'm curious to see how this all plays out.

04-17-2009, 06:40 AM	#13
Yorkieville200 YT 2000 Club Member Join Date: Jul 2005 Location: IL Posts: 2,179	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?

04-17-2009, 07:12 AM	#15
yorkie_mama22 Currently Suspended! Join Date: Oct 2008 Location: Canada Posts: 2,275	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.