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Adopted a cat from a shelter, but what about this contract I had to sign?

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Dessta

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I adopted a cat from an animal shelter. At the time, I had to sign a blurry, misspelled, badly typed contract of sorts. It basically says that I will ensure the animal is kept inside, healthy, well-fed, not used for medical research, etc. It also says that I cannot give or sell the cat to other parties. How enforceable is such a thing? If I give the cat to a friend, who is caring for it perfectly well, can the shelter do anything against me? They are threatening criminal charges, which just feels ridiculous and I think they are just making that up, but would love some advice.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I adopted a cat from an animal shelter. At the time, I had to sign a blurry, misspelled, badly typed contract of sorts. It basically says that I will ensure the animal is kept inside, healthy, well-fed, not used for medical research, etc. It also says that I cannot give or sell the cat to other parties. How enforceable is such a thing? If I give the cat to a friend, who is caring for it perfectly well, can the shelter do anything against me? They are threatening criminal charges, which just feels ridiculous and I think they are just making that up, but would love some advice.
The whole idea behind adopting a pet from a shelter is that YOU are the one giving it a home. Some shelters actually screen clients before even allowing them to adopt in order to ensure that the pet goes to a good, safe, and loving home where it is wanted and will be well cared for.

As for how enforceable your contract would be, it all depends on whether the shelter monitors it's clients, and how closely they do so if they do. If the shelter where you adopted your cat does find out that you gave the cat away, what exactly does the contract say would be the penalty to you?
 

Dessta

Junior Member
The contract doesn't lay forth a specific penalty for that. It says, in one part, that shelter employees can remove the cat if it is abused or mistreated, and that I have to allow them into my home to do that. It also says that if I abuse the cat, I can be held liable in civil court for up to $800 to the shelter.

It's all centered around providing a good home for the animal, and I have done exactly that. This animal is in a wonderful home.
 

sandyclaus

Senior Member
The contract doesn't lay forth a specific penalty for that. It says, in one part, that shelter employees can remove the cat if it is abused or mistreated, and that I have to allow them into my home to do that. It also says that if I abuse the cat, I can be held liable in civil court for up to $800 to the shelter.

It's all centered around providing a good home for the animal, and I have done exactly that. This animal is in a wonderful home.
Well, then it sounds like if the shelter may be doing visits to check on the pet (or are at least allowed to do so) to ensure that the terms of the contract are enforced. Otherwise, their contract would be useless. So when they come to visit you and the cat, how are you going to explain it's absence?

Also, if you had to be screened by the shelter staff before you adopted the cat, then you are already in violation of your contract since you gave the cat away to someone who was NOT screened by the same standards. While YOU may think that the animal is in a wonderful home, the shelter staff may not. They may have information you are not aware of which makes this other person an unsuitable candidate for adoption.

That being said, why did you not just have the other person go and adopt their own cat? Is it because the shelter refused to give them a pet? (That would be a big red flag right there.)
 

tranquility

Senior Member
While the contract may give the shelter some rights, what is the benefit of the bargain? It's a shelter cat. If you give it to another, I suspect the shelter (if they found out and cared) could sue to get the cat back. But, realistically, the liability would be the value of a stray cat.

What do you think that is?
 

Zigner

Senior Member, Non-Attorney
While the contract may give the shelter some rights, what is the benefit of the bargain? It's a shelter cat. If you give it to another, I suspect the shelter (if they found out and cared) could sue to get the cat back. But, realistically, the liability would be the value of a stray cat.

What do you think that is?
In this case, it would seem to be $800, as provided for in the contract ;)
 

Dessta

Junior Member
Actually, the contract only says that the shelter staff can enter my home IF the animal is abused. It never says they can check on the animal's welfare. What's more, there was no screening. It was a walk in, pick out a cat, sign a form/adoption contract, pay a fee (which they waived due to the cat's age) and walk out with a cat.

The reason the friend did not go down herself was because she used to work there and doesn't get along well with her former supervisor. I was hoping to help her avoid an adversarial situation. I do know that in my state at least, cats are considered property akin to a television set. I was really only curious as to whether they had any standing on filing criminal charges and what those charges might be. They can't be animal abuse or neglect, so what could they use?
 

tranquility

Senior Member
In this case, it would seem to be $800, as provided for in the contract
No. That would not be a valid liquidated damages contract provision. Besides:
It also says that if I abuse the cat, I can be held liable in civil court for up to $800 to the shelter.
"Up to" sounds like it might be a statutory provision for animal "abuse". The shelter will still have to prove up damages if a breach of contract.

As far as I see, at most it will be a stray cat.
 

swalsh411

Senior Member
So essentially you are asking if it is OK to do something that you specifically agreed not to do. What sort of ethical standards do you hold yourself to?

If you don't want the cat anymore then return it to the shelter.
 

Zigner

Senior Member, Non-Attorney
So essentially you are asking if it is OK to do something that you specifically agreed not to do. What sort of ethical standards do you hold yourself to?

If you don't want the cat anymore then return it to the shelter.
I don't think the OP ever agreed to that.
What if things were a bit different. What if the OP had suddenly found herself out of a place to live through no fault of her own (fire, flood, whatever,) so she then gave the cat to her friend? The contract never required her to return the animal.


(Tranq, I stand corrected on the value issue)
 

tranquility

Senior Member
I got my dog from a shelter about a year ago. I had to sign a similar contract and it did have scary wording and seemed to attempt to keep ownership rights with the shelter. I have heard of a few enforcement actions on getting the animal back, but, they are usually from breeders who write up similar contracts. (Although some shelter contracts have been a part of court cases too.)

I think the contract is valid to give rights to the shelter to get the animal back if it is broken. I think, practically, they don't do that. Money is tight enough as it is to be spending thousands to get a cat or dog back. They might do it if there is an abuse issue, but, it would be pretty silly to remove an animal from a good home because the owner given the animal was not approved by the shelter.
 

Hot Topic

Senior Member
Seems to me there was a case where a television personality attracted major attention from animal lovers because she adopted a cat, then gave it away without getting permission from the shelter the cat was obtained from. The cat was re-homed to a family with a child, and some animal lovers thought it was unfair to take the cat from the child. Others said the personality should have adhered to the rules she agreed to when she took the cat.

Don't adopt an animal if all you're going to do is turn around and give it to someone who hasn't been pre-approved as an owner. They're living beings, not toys.
 

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