Question

Two days ago, I rehomed my dog with the understanding that I could get her back if things didn't work out. Within 24 hours, I decided to get my dog back. I texted the lady to get her address, and she said she would text me today with her address so I could pick up my dog. Last night, she texted back and said her boys want to keep the dog. We did not have a contract, no bill of sale, or any money exchanges. The dog is microchipped to me. Can I legally get my dog back?

Answer

The decision to rehome an animal should be carefully considered before doing so. People who rehome their animal generally have no further rights to that animal and the person with whom the animal was rehomed generally has no legal obligation to return the animal, unless there was an agreement that stated otherwise. An agreement to get an animal returned if things don’t work out would typically mean that the adopter/purchaser could return the animal if he/she felt things were not working out, not that the person who rehomed the animal has the right to get the animal returned, simply by changing his/her mind. While a microchip can be persuasive evidence of ownership, it does not prove ownership in every instance. It does not and should not negate what transpired after, such as when a person rehomes an animal. Regrets do not equal rights. People who believe that their animal is being wrongfully withheld can sue to try to get the animal returned. I hope this works out in the best interests of the dog!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question