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Pet Legal Q&A

///Pet Legal Q&A

Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.

Want to know if this is a scam.

After paying a person who is supposed to be selling a dog upfront, they keep asking for more money, such as gas money and extra fees. Now they are asking us to fill out a registry paper that requires our name, driver's license, social security number, and address. Is this normal, or is it a scam?

By |2024-01-17T17:10:41-04:00December 17th, 2023|

Can I legally require a signed agreement for spay/neuter?

I am not a breeder, but I have a litter of puppies from an accidental mating for which I need to find homes. I want to prevent future accidents and do not want them to reproduce. I am considering requiring new owners to sign a notarized agreement stating the animal would be spayed or neutered when age-appropriate.

By |2024-01-17T17:29:43-04:00December 17th, 2023|

Humane Society failed to contact us.

Our chipped 13-year-old dog wandered from home while we were away. He was picked up and taken to another town's Humane Society. However, they never contacted us and gave him away. Do we have any rights in this situation?

By |2024-01-18T10:38:50-04:00December 10th, 2023|

Contract breach.

I paid a cat breeder in full in June 2023. She operates a closed cattery and promised a kitten in December. However, she offered me a kitten from a different cattery, not under her care, and is refusing to refund me. She is attempting to shift blame to me for not accepting that kitten. What are my rights in this situation?

By |2024-01-17T17:15:42-04:00December 9th, 2023|

How can I get dog back after changing mind bout re-homing?

I recently re-homed my dog, on social media they looked like a good family. In person they were really nice and dog friendly people. Upon further digging I found the family who took her follow and participate in illegal breeding and dog fighting. Upon finding all this I messaged the people telling them I made a mistake and would actually like her back. I got blocked. But I’m wondering is there a way to go about getting the dog back? If I get the cops involved can they do anything to help?

By |2023-12-08T16:04:31-04:00December 8th, 2023|

Stolen Dog.

I apologize for any confusion in this situation. Recently, a woman passed away, leaving her dog. The legal executor of her will registered the dog's microchip in their name. They then legally transferred ownership to my mom. After a call from another family member who claimed ownership, my mother, confused about the custody, gave the dog away. When she informed the legal executor, they reported the dog as stolen. The current possessor refuses to return the dog. Should we file Small Claims and a Replevin Action? Please help!

By |2024-01-17T17:08:28-04:00December 6th, 2023|

Foster service took the cat I wanted to keep with them temporarily.

I picked up a stray cat that I had encountered every day on my morning route after it ran up to me. At the time, I couldn't keep it, so I called places to find someone to hold it until I got an apartment. The foster owner said I could contact them to get the cat later, but they gave it to another foster who now wants to keep it.

By |2024-01-17T17:13:26-04:00November 29th, 2023|

Can a temporary boarding become permanent due to safety concerns?

I received this wonderful dog from someone who needed temporary boarding while she went through a court ordered rehab program. I was told she would be with us for 3-4 months. And I agreed to return her contingent on the original owner proving sobriety and stability. When the dog was first placed in my care I noticed that she was physically healthy but extremely anxious and traumatized. The previous caretaker was drugging her daily with a tranquilizer that was not prescribed for her. It has now been over ten months, no communication from the original owner. The dog is doing wonderfully well, is happy and well adjusted and feels safe. Yesterday I was informed the original owner wants the dog back now. I have also since learned that the initial court ordered rehab was due to a violent incident. Can I refuse to return the dog, citing safety and stability concerns and breach of the original agreement? Since I didn’t hear from them for months after the terms of the original agreement, could it be considered abandonment of property?

By |2023-12-08T15:21:36-04:00November 28th, 2023|

Minor signed contract to relinquish dog, can they void contract?

Our rescue just took in 2 weeks ago a dog from a guardian. We had her sign the relinquishment form. The father made the arrangements to relinquish the dog, but the 16 year old daughter signed the form. Now the mother wants the dog back after 2 weeks. Can they legally take back the dog?

By |2023-12-08T15:01:08-04:00November 28th, 2023|