Enforcing contracts

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Richard Evans - 21 Aug 2004 21:53 GMT

I work with a rescue group that has a contract signed by all
adopters. One clause states that if the animal is disposed of for any
reason it *must* come back to our group. We've had several instances
recently of people simply giving away animals they've adopted from us.
In three cases. the animals found their way back to us via third
parties. We would like to take action against the adopters who
violated their contracts. Is such a thing feasible?

Dick Evans

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Magic Mood Jeep? - 21 Aug 2004 22:02 GMT

Your best bet would be to contact a lawyer. If he says the contract is
valid, and you can prove that the animals that eventually made their way
back to you after the adopter signed the contract is the animal that was
adopted (does your group micro chip the animals?), you would probably have a
case - but action - small claims court?

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>I work with a rescue group that has a contract signed by all
> adopters. One clause states that if the animal is disposed of for any
[quoted text clipped - 5 lines]
>
> Dick Evans

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fan - 22 Aug 2004 07:51 GMT

>I work with a rescue group that has a contract signed by all
>adopters. One clause states that if the animal is disposed of for any
[quoted text clipped - 5 lines]
>
>Dick Evans

Is there a penalty clause in your contract? I'm not a lawyer, but if
there is not one, I would be shocked if you can do anything. If you do
have one, bill them for the amount that is in this clause. If they
respond and appologyze, I would let them go with a stern warning. If
they don't respond, I would go to small claims court to get their
attention.

You need to do this so people realize that a contract is legally
binding. If they think it is not, you WILL get some doing things that
you object to. This may include giving the animal to someone for
research purposes or mistreating it.

You probably do a lot of work with the animals and with an adoption.
The contract is a way to make sure that effort is not wasted. How much
respect should you have for a person who violates an agreement that is
in writing?

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Vivian S - 25 Aug 2004 16:21 GMT

> I work with a rescue group that has a contract signed by all
> adopters. One clause states that if the animal is disposed of for any
[quoted text clipped - 5 lines]
>
> Dick Evans

This is a very interesting policy to protect the animal. Does it
matter how much time has passed since the animal was adopted out and
then returned? I ask b/c I notice this one cat at my local shelter
keeps getting adopted and returned. Also, does the cat have to stay in
the state or can the adopter move to another part of the country with
the cat? (this would apply to my situation).

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Richard Evans - 25 Aug 2004 18:56 GMT

>> I work with a rescue group that has a contract signed by all
>> adopters. One clause states that if the animal is disposed of for any
[quoted text clipped - 9 lines]
>matter how much time has passed since the animal was adopted out and
>then returned?

No. For the life of the animal, we take it back. We've taken back
animals after more than three years. In one case, the family had a
baby and the cat's personality underwent a drastic change.

>I ask b/c I notice this one cat at my local shelter
>keeps getting adopted and returned. Also, does the cat have to stay in
>the state or can the adopter move to another part of the country with
>the cat? (this would apply to my situation).

Adopters can go wherever they want. Of course, we have no formal way
of keeping track of them. In the three recent incidents, the cats were
given away complete with their adoption papers and our contract. The
third parties then contacted us and returned the cats. But, there is
no telling how many have been disposed of without us knowing about it.

Why people don't simply call us to return the animal is beyond me. We
stress that point at adoption, yet some people would rather just dump
and run.

Dick Evans

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Fan - 26 Aug 2004 05:37 GMT

>> I work with a rescue group that has a contract signed by all
>> adopters. One clause states that if the animal is disposed of for any
[quoted text clipped - 12 lines]
>the state or can the adopter move to another part of the country with
>the cat? (this would apply to my situation).

Our shelter has this clause also. In our case, it is for the life of
the animal. Usually, an animal that keeps getting returned has a
problem that should be dealt with. Either it is the animal's negative
behavior that needs some modification, or the adopters need more
education/counciling. This is very unusual, but not unheard of. Our
adoption councelers are very good. There is no restriction on your
moving out of state, or even to another country, if the animal is well
taken care of.

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