Question
I am being sued by the adoption agency for breach of contract and they want the dog back. I purchase a dog from a rescue over a year ago we gave them the check, signed paperwork, and currently have the dog registered with LA County, and the chip registered also in our name. The adoption agency is saying that they want the dog back for breach of contract because we didn’t allow them to come for a wellness check.
Answer
Rights and obligations of adoption agencies and adopters are usually contained in an adoption agreement. Some of these contracts specifically state that the adoption agency shall have the right to do home checks. Some of these contracts also state that the adoption agency can reclaim animals if there is a breach of the adoption contract. If a lawsuit is commenced to try to reclaim, it will be up to the court based on the evidence presented to decide whether it will enforce the reclaim or home check provisions. Adoption agencies do not generally sue to try to get an animal returned unless they believe that the animal is being mistreated or was not spayed/neutered in accordance with the adoption agreement. I hope this all works out well for this dog.
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