Ownership of a Cat After Payment

[PatSD]

...If a person gives money and signs a contract accepting full responsibility for a pet ... only condition is to hold the shelter harmless for any injury caused by the cat after adoption...

The check was cashed by the shelter...but the writer of the check does not have the cat...who owns this cat...?

Nothing in the contract says that anything resulting from a previous adoption can be used to void this adoption from the same shelter

Shelter is in VA......Cat is in NH Foster Home .....Owner ???? is in MA

Please advise I feel as though I am caught in the middle

 

[I AM ALWAYS LIABLE]

My response:

Who are you in this contract matter, and why are you "in the middle"?

Unless there is a contractual provision for "right of first refusal" when the animal is to be owned by someone other than the original adopter, then the original adopter is the owner with all rights attendant to that ownership.

A cat, dog, mouse, horse, or any other animal, has no more standing in the law (except under certain criminal statutes) than a television, car, house, computer, etc.; that is, an animal is "private property." It has no Constitutional rights, and therefore, can be kept, owned, sold, tranferred, willed, or otherwise, at the discretion of the owner - - notwithstanding any contractual provision to the contrary.

So, what is the Shelter saying, and what is it pointing to as it's "authority" for it's position in this matter ?

IAAL

 

[PatSD]

Shelters Position

I am a foster home for the cat in question in NH

The Shelter is located in VA....Shelter says the adopter is not fit....because the adopter went on vacation for a week leaving care of her cats with her 15 yr old daughter...who was staying with Dad (Dad and Mom in separate homes)
These cats have already be paid for and are in the adopters home

The cat in question is still at my home (Foster Home for the Shelter)....adopter has paid and signed an agreement from the shelter giving her ownership of the cat...

Even though I have the cat (on behalf of the SHelter) Am I correct in believing the Cat belongs to the adopter...since the check that the adopter sent to the Shelter has been cashed and an adoption agreement has been signed by the SHelter and the adopter?

Would it not be illegal for me to refuse the adopter when she arrives to pick up the cat? Do I need to give the Cat to the adopter?

Thank you

 

[I AM ALWAYS LIABLE]

My response:

You bet you do !

The check was cashed and the contract is complete, except for delivery. You and the shelter have no business telling someone else how to conduct themselves, or to withhold private property. That cat belongs to the adopting person, lock, stock and barrel. Unless there are specific provisions in a contract, signed and dated, regarding these concerns, then you have no more rights to, or say-so over, that animal.

Unless you want to open yourself up to a lawsuit for Breach of Contract, Contractual Bad Faith, Tortious Bad Faith, Contractual Interference, Negligence, Damages, and Punitive Damages, I'd turn that cat over to the adopting person, post haste - - no ifs, ands or butts about it.

IAAL