Lake Mary, FL asked in Contracts and Animal / Dog Law for Florida

Q: If I adopt a pet from a pet rescue, does said paid belong to me or am I just 'renting' it from the agency?

I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.

"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless pet. I understand the adoption fee is a donation and is non-refundable for ANY reason other than a vet's written confirmation of the pet being terminally ill within 7 days of this adoption."

"5: I agree to provide a safe collar with rabies and I.D. tags to be worn at all times and that all microchips shall remain in XXXX's name..."

And lastly, "...I have read and fully understand that XXXXX may repossess this animal at any time, if the adoption conditions are violated or the animal is mistreated."

After speaking with my vet I was told that Florida law considers pets as chattel/property. After paying money to agency would not the cat belong to me?

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Animal & Dog Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You're confused by the language "not purchasing", and I can understand your confusion. From your brief description, it appears the intent of the agreement is that the pet is not being sold to you, but rather is given to you as a GIFT. It calls the adoption fee a "donation", meaning your money is considered to be a gift to the adoption agency. Not sure that a Court would deem this to be a valid contract, or would approve of "repossession" of the cat, but in any event, you should have nothing to worry about regarding ownership.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: The answer is simple and you wrote it in your question.

I understand the adoption fee is a donation and is non-refundable for ANY reason other than a vet's written confirmation of the pet being terminally ill within 7 days of this adoption.

So you did not "pay" anything. You made a donation. Also you left out the parts about your obligation as an adoptive "parent" to the cat. If you breach the rules of how you are to treat the animal, the cat can be taken back and you will be deemed an unworthy adoptive person in the future.

Bruce Alexander Minnick and Kristina M. Bergsten agree with this answer

1 user found this answer helpful

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