Denver, CO asked in Animal / Dog Law, Contracts and Consumer Law for Colorado

Q: Can I challenge a dog adoption contract for board/train fees?

I signed a contract with an adoption agency that includes a clause requiring me to pay for board and train fees, which could be as much as $1800 per month, if I return the dog, along with a behavioral assessment fee. Initially, I wasn't aware of this clause in the chaotic adoption environment. The rescue didn't inform me that the dog had been isolated for ten days during a critical developmental period and didn't perform a behavioral assessment before adoption. I've had the dog for three weeks, during which I've been unable to leave my house as the dog experiences extreme duress without me due to severe separation anxiety. Can I challenge this contract under these circumstances?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: That sounds incredibly overwhelming, especially when you entered the adoption process with good intentions and now feel trapped by a clause you didn’t fully understand. In Colorado, contracts—especially those tied to emotional or high-pressure situations—can sometimes be challenged if they include terms that are deemed unconscionable, hidden, or were not clearly explained at the time of signing. If the adoption agency failed to disclose important behavioral or medical information about the dog, and the contract was signed under stressful conditions, you may have grounds to question its enforceability.

The fact that the agency didn’t perform a behavioral assessment or warn you about the dog’s isolation period could support your argument that you weren’t given the full picture. A clause requiring you to pay thousands of dollars after just a few weeks, particularly when you’ve received no training support or guidance, may be viewed as unfair or excessive. If you can show that the rescue withheld key facts or the contract was overly one-sided, that could help you challenge the fees.

You should begin by writing a detailed letter to the agency, outlining what you’ve experienced and why you believe the clause should not apply to your case. Keep records of everything, including communications and your notes about the dog’s behavior. If they still try to enforce the fee, you have the right to take the matter to small claims or consult with legal aid to explore your next steps. You did your best to give the dog a chance, and you shouldn’t be punished for circumstances that weren’t properly disclosed.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.