Question
Our daughter adopted a dog from a pet rescue, and it's not working out. The puppy is too aggressive to be around her 3 younger children - he has already bitten 2 of them in the face. When she adopted him, she was told his parents were golden retriever and Australian Shepard with one of them being a service dog. Since he was being so aggressive, she had a DNA test done by Embark and it came back 45% Pit Bull, 26% German Shepard, and various other breeds. She regrets signing the adoption agreement saying she could only return the dog to them if it didn't work out and that they will always own the dog. That's so ridiculous. I know rescues are trying to protect dogs, but when you adopt a dog, it should be yours and you should be able to give it away to where you choose if need be. She would rather give it to a Pit Bull Rescue or some other rescue. The place she adopted him from is fraudulent - they deceived her about the breed, they won't respond to her communications, the health report they gave her is bogus, the pickup procedure was questionable, the puppy isn't the picture of the one she asked to adopt, etc... This non-profit should be put out of business. They finally responded when our daughter contacted another rescue, and that rescue called the rescue she got the puppy from. They said to our daughter they will take him back but have to find a foster for him - that could take forever - I can see that coming. My question is, is she obligated to return the dog to this fraudulent rescue she got him from, or due to the circumstances can she give him to someone else without legal consequences?
Texas, USA
Answer
Many animal adoption agreements state that adopters who no longer want to keep their adopted animal must return the animal to the rescue. Some agreements give the adopter the right to rehome the animal subject to the written approval of the rescue. These provisions are intended to better ensure proper placement of the animal.
Rescues do not typically DNA test their animals and often base their breed assessment on the animal’s appearance. That assessment may not correlate with a DNA test (which may or may not be totally accurate either).
Rescues that believe their adoption agreement has been violated can sue, although disputes are typically worked out more amicably. Some adoption agreements specifically state the remedies for breaches, such as reclaiming the animal, monetary damages, including, for example, legal expenses the rescue incurs in attempting to enforce its contract. I cannot predict the outcome of any given case.
Complaints about fraud or other misconduct by a rescue can be made to the state’s Attorney General.
I hope this all works out well for this dog.
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