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.

Breeder is trying to take puppy back.

Contacted breeder about a puppy, he had one available. Go to breeder, meet dog and buy it (full payment) take possession of puppy and took home. The next day call from breeder said he made a mistake and that he already had a deposit for said puppy, and wanted it back. What are our rights to keep this puppy? Thank you very much for your time.

By |2023-01-06T16:05:32-04:00January 6th, 2023|

How to protect myself from litigation.

You stated that one of your pet-sitting business rules is that the animals are fixed yet the cat was accepted for boarding without being fixed. A contract can be as simple as authorizing a specific person or entity to have an animal (description included) neutered by a licensed veterinarian although there are other provisions that a pet-sitting business/boarding facility or individual should consider to include in a pet-sitting/boarding contract, such as a hold harmless clause which addresses liability, animal care, which may address such things as emergencies where the animal may need veterinary attention, failure of the animal’s “parent” to retrieve the animal when scheduled to do so, etc. Consider having an attorney review your contracts and/or draft contracts for your business. I also suggest procuring insurance if you do not have it.

By |2023-01-06T15:49:53-04:00January 6th, 2023|

Aggressive Neighbor Dog & Neglecting Owners

I have a neighbor who owns two dogs. One of which is his fiancé’s and the dog has been aggressive to me since they moved in over a year ago. He will run the fence line and bark and pounce on the fence. He will stick his jaw under the fence and bark, snarl, and go to bite. About three months ago I adopted two dogs. Their dogs are left outside all day everyday. I only let mine out w supervision. Yesterday the aggressive dog bit one of mine. This has gone on for too long and continues to escalate despite talking with the owners. What should I do?

By |2023-01-06T15:45:06-04:00January 6th, 2023|

Vet refuses to give dog back.

The lady that was looking in on my pregnant dog took her to the vet and the vet give her two options, kill my dog or surrender her - which she couldn't do either option since own her. Now the vet refuses to give my dog back. Please help.

By |2023-01-06T15:33:52-04:00January 6th, 2023|

Dog came home from pet sitter with “injuries”.

I left my 14yo dog with a pet sitter for a week during the recent holidays. When I returned to pick her up, she wasn't moving, had pooped herself inside her crate, and had large "bedsores". I questioned the pet sitter and she said that my dog didn't move much. So far, I've taken her to the vet twice (at quite a cost) to treat her. She is not doing well. I feel like this is negligence on the part of the pet sitter who was charged with her care. There is no contract nor did I go through a company for the pet sitter. It was just between the pet sitter and me. I'm wondering what to do. Is there any legal redress possible from the pet sitter?

By |2023-04-25T13:01:30-04:00January 5th, 2023|

Fostering a dog for unethical rescue.

I found a dog, rescued it and agreed to foster it through them. I took it to their vet who checked health and microchipped I found a home for it and the “board” has determined its not their choice for a home for unreasonable reason. None of these so called board members have even met the dog. I rescued it, paid grooming, advertised on social media. I shuttled dog to their vet, paid for food for 3 weeks. They are refusing to let dog be adopted due to their power and control issues. When I took it to their vet they had it microchipped with out me knowing. If they won’t approve adoption due to a fence not being high enough, but already approved me as a foster can I just say I’ve decided to adopt it?

By |2023-04-25T12:47:44-04:00January 3rd, 2023|

Can she take cat back?

My sister could no longer care for her cat. She asked me to keep her. It’s been 2 and half years and she wants the cat back. The cat is our family and she never come to see her or visit other than holiday functions. Can she legally take the cat back?

By |2023-04-25T13:00:22-04:00January 3rd, 2023|

Previous owner filed a lawsuit to get the dog we adopted back.

My husband and I adopted a dog back in September. This weekend we were served with papers. The previous owner is suing to reclaim the dog or collect money from us. She claims the rescue was only to hold the dogs temporarily while she had surgery. She wanted the dogs back after two weeks. The rescue had our dog for multiple months before we even adopted him. She is also trying to claim that her signature was a forgery. She had another small dog she surrendered at the same time as our dog, and she has filed the same lawsuit against the owner of that dog as well. I'm terrified we are going to lose our little guy.

By |2023-04-25T12:46:31-04:00December 31st, 2022|
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