Can dog rescue contracts be enforced? - Page 2

Momosgarage, All these rescues are trying to do is ensure that the dog will not go from one bad situation to another. Why does this bother you? 

momosgarage,
I can assure you, if a reputable rescue is going to enforce their contract and retake possession of an animal, they will have all their ducks in a row before they do it. I've done welfare checks on questionable cases and if education and assistance doesn't help resolve the problem, the adopter is encouraged to return the animal voluntarily. If that doesn't work and seizure is necessary,  law enforcement is always involved.

I have knowledge of a couple well run breed rescues who have had to go to court on their contracts and they have won.  That is one great thing about breed rescue folks - they don't get any $2500 for their animals, but the good ones sure put more time, effort and concern into the placement of these animals than *some* breeders.  My hat is off to them.

 Mine are standard contracts. With room for initials to be placed to show that the adopter has read and agreed to the contract. Also with room for individual changes. As it was the case on one of my hard cases. 
They are perfectly enforceable as everyone has already pointed out.
Now having said that, every potential and good adopter is valuable and as such to be taken seriously. On the other hand, if you don't want to abide by the contract, don't adopt from that rescue. 
Also, my contract is as much to protect the dog as it is to provide comfort and assistance to the adopter.

What on earth does that last sentence MEAN? That you want to support the dogs ending up ANY old where????

It means what I said, I don't mind interviews, I don't mind filling out an application and I don't mind the rescue checking in "short term", but at some point the dog should become the property of the adopter.  It seems to me that many of the rescues can lay claim to the dog in perpetuity.  Why would I agree to that?  Boards change, staff change and missions can change.  Its seems silly to support an organization that writes a contract that would allow them to take the dog back any time, even if it wasn't the original staff member that approved your application.  Seem like there is a lot of room for hearsay and abitrary discision making being legally binding.  Not a good deal for the adopter in my opinion.  However don't be mistaken, I have found rescue with reasonable contracts and I will continue to support them with donations etc, but I walk when I don't agree with certain details.

 I actually agree with the concerns on a long term basis. However, we just had a case where a so called adopter/foster person, the lines where a bit unclear, dumped about 20 dogs at the local shelter for euthanasia. 
The fact that a few of the dogs had come through rescue and where chipped allowed rescues to take possession of the dogs again.
So maybe some of that is more meant in case the dogs end back up in bad situations which are not always the fault of the original adopter. There are unpredictable tragedies that strike folks.

HBFanatic, thanks for the example.  However this brings up another issue.  The microchip.  Most chips have places for 3 contacts.  I put myself, my mother and then my vet.  Some rescues won't let you remove them as a contact.  The way I see it if something happens to me and my mother cannot take the dog, I'd prefer my long term vet to tell the shelter the dog came from "XXX rescue".

 Mine are registered to me, my vet and the owner.
Partially this is done that should I get a call about a dog in a bad situation, that I am aware or it. In case that there was a problem with the adopters. One thing, my contract does not allow for a dog to be carried in the back of a truck without being safely secured (happens a lot around here - large population of rednecks - and this is just one thing that we have to fight around here). I would want to know if there is a problem. My first responsibility is towards the dog. If I was left off the registration, I would never know. 
And that of course goes back to a bit of control over what the new owners are doing or not.
Keep in mind though, I am a tiny private person that takes a dog here or there because I can. Me and my friends are busy enough to find good homes and work with the dogs, screen adopters and make calls to check references, that after the first few follow up calls, we don't go back and pick on folks without a really good reason. But a call from an ACO about our dogs being picked up certainly qualifies for a darn good reason to do some checking.

Here is another thing I just thought off. When I sign the contract I promise the info on the contract to be correct to the very best of my knowledge. This is regarding health status, temperament, sometimes suitability for a specific job and so on. So I sign. The new adopter now gets to see every day of the dogs life if I was correct. Yes, that is a bit of an overstatement but you get the point. The minute the dog walks out the door though, I totally depend on the knowledge that I did my very best by checking their references, maybe a home visit etc. Unless an adopter stays in close contact, I don't know what goes on. So for the most part a chip registered to me allows me at least the knowledge that if a dog should end up in a bad situation, that I can get the dog back to me to keep it safe which was my first intend anyway.

This is a great thread. I can only speak for myself and my own contracts but I require adopters sign them to protect the dog. Most of the dogs I take are from the shelter and I dont want them back there. I do not remove my name from the chip and notify the chip co of this when I place the dog. I pay for the chip and to register it so I get to say who is on it. Forever? Yes because I look at it this way. If God forbid my dog got out and I was say out of town and the rescue saved my dog from getting euthed or readopted and contacted me, I would be forever grateful. The time, attention, and money I spend on my rescue dogs are equal most times from my own dogs. I think they deserve the best I can do for them. If a contract can help me achieve this, so be it.

Should the dog belong to the adopter without the rescue? Maybe but I have yet to find a adopter who would  even take the time to find the dog a good home when they didnt want the dog anymore.  When they know that they can give the dog back just as soon as they no longer want the dog, thats the usual response. I dont think I would be adverse to having the adopter find the dog a home BUT I would still require keeping the chip in my name and having contact with the new adopter. In the end, its once again about the dog. If people werent such pigs, the dog wouldnt be in the situation they are in.

I will say on the flip side, Ive tried to volunteer for a couple of rescues and their requirements for foster people was so ridiculous I backed out.