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  1. #31
    BPnet Senior Member dakski's Avatar
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    Re: Cat adoption denied for having a Ball Python after taking home the cat. Help!

    Quote Originally Posted by SDA View Post
    What everyone here needs to understand is these rescue agencies see the worst of people and how they neglect and abandoned animals. It can't help but make people jaded. The fact they have these rules is because they err on the side of caution. I have rescued dogs for over 20 years and have happily gone through these levels of hoops to ensure I was the best match for an abandoned dog.

    I can see this as a reasonable concern by a group that deals with the worst people do to animals. They do not know you nor do they know your snake. To introduce a potentially traumatized cat to a snake can reasonably be assumed is a potential for disaster. Instead of trying to fight them on this see if they will work with you and make sure you do everything to prevent the cat from interacting with the snake (which you should do anyway. Dogs and cats should never interact with snakes). If you lose this cat because of a potential to them being a negative situation, take it as they want what is best for the cat, not what is best for you.
    Interesting perspective SDA.

    You make a lot of sense.

    I think the issue here is that the OP disclosed they owned snakes, they granted the adoption, and then changed their mind.

    I totally understand that the agencies ultimately want what's best for the animal being placed. Ignoring the issue of whether a house with snakes is okay for a cat, and vice versa, they should have read the adoption application before granting the adoption.

    I think that's what's shady here. If they were a well run agency, or the person granting the adoption had done their job, they should have just said NO in the beginning.

    That's the part that bothers me the most.

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  3. #32
    Registered User Pengil's Avatar
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    Re: Cat adoption denied for having a Ball Python after taking home the cat. Help!

    Quote Originally Posted by dakski View Post
    I think the issue here is that the OP disclosed they owned snakes, they granted the adoption, and then changed their mind.

    I totally understand that the agencies ultimately want what's best for the animal being placed. Ignoring the issue of whether a house with snakes is okay for a cat, and vice versa, they should have read the adoption application before granting the adoption.

    I think that's what's shady here. If they were a well run agency, or the person granting the adoption had done their job, they should have just said NO in the beginning.

    That's the part that bothers me the most.
    This. And if they don't want anyone with snakes to adopt in the future, that's something they need to put in the agreement so that snake owners are aware before they even walk out the door with the cat.

    SDA and Reinz have good points. Adopting or buying cheap animals to use as bait for dog fighting is a pretty big concern, which is why it's usually advised to charge some sort of rehoming fee. Good rescues also don't want the animal to be bounced from home to home if it isn't a right fit: Much better for everyone involved if the right family is found first, rather than through trial and error. Even a lot of breeders now require that one fill out an application, with questions that very closely resemble those rescues use. However, some can be a little too nitpicky. It doesn't make much sense to ban snake owners from owning other pets simply because they have snakes, especially smaller varieties.
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  4. #33
    BPnet Lifer zina10's Avatar
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    I've worked with a rescue, I've fostered, I still rescue kittens when there is one in need, although now I do it on my own, and I also carry all the cost myself.

    I do know what goes into rescuing (emotionally, financially, time wise) However, that does not excuse a rescue group from acting so unprofessional and irrational.

    Their very own contract PROTECTS the new owner at this point. New owner has done everything right, been truthful, been accepted, signed off by both parties, the cat has moved in, they've gotten attached.

    How dare that group put the new owner through all that grief over absolutely nothing. They don't have half a legal leg to stand on. As a matter of fact, at this point the new owner could very well go after THEM for being harassed and being threatened to have their new pet removed from them. If you are a animal lover, you should understand that one can love all kinds of animals. And if you do not "understand" or "fear" a certain animal, you should do your research OR put a clause into your contract about not adopting out to reptile owners.

    No way would I keep entertaining this circus. I would tell them NICELY but in no uncertain terms that I will NOT put up with any further harassment. Furthermore, I would tell them that I would get in touch with Petsmart headquarters to let them know that this rescue group, that is using THEIR premises to adopt out animals (Petsmart allows that out of kindness) discriminates against snake owners. An animal which Petsmart themselves promotes and sells.

    If the rescue group faces loosing their location to conduct their rescue business they will back down right quickly.

    Like I've said, I've worked with and around rescues, I rescue myself. I understand being picky, I understand contracts. I understand "worries" about where and how the animals end up. But this is just pathetic.

    If anything, that cat will be a danger to the Ball Pythons. And if someone wanted kittens for snake food , they would go get one of the many free ones on craigslist, not pay for a rescue and sign a contract.

    I would not let them into my house, or at least, I would tell them I may allow them to visit if they want to "learn" something about snakes. But I would let them know beforehand, that giving the cat back or being threatened to having to do so is NOT going to fly. And that the visit was NOT in any way going to be a deciding factor.
    Last edited by zina10; 02-27-2018 at 11:29 PM.
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  6. #34
    BPnet Senior Member KMG's Avatar
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    My mother-in-law adopted a dog and had issues with the place.

    I swear some of these "organizations" think they're adopting kids out. I could see a home visit for a kid but for an animal.... Nope, not my house. Maybe I'm just too private.

    Applications, home visits, meet and greets? No thank you.
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  8. #35
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    Re: Cat adoption denied for having a Ball Python after taking home the cat. Help!

    I worked at Petsmart in my teens. As mentioned before, Petsmart does the "hosting" for the rescue organization. I adopted out 1 or 2 cats while I was there. Petsmart is not at fault. I don't agree with Petsmart's animal care, but they're excluded from this.

    I'd make copies of your contract and never let the rescue touch the original again. The rescue was not clear on other pets. If they have a problem with bps, it should be stated in the contract. Word of mouth is means very little in the court of law. It can just turn into "he said she said". The contract is the only valid proof that can be shown to a judge, if it came to it. Who even knows how long they researched bps, or of they researched at all.

    The only thing I see that hasn't been mentioned is (if they make a visit #4) you use a heating source for your bps that your newadoptee can burn itself on. That would be potential harm for the cat leading to retrieval of your adoptee (#7). A closed room fixes this easily, but if you decide to keep the room open this I believe it's of importance and would need to be addressed. Other than this I see no harm your snakes can do if they are locked behind a terrarium or tub and there is that barrier there separating them from the adoptee.

    Everyone is right, you do have higher ground. It was the rescues fault. They need to learn from this and adjust their contract as they see fit for future adoptions concerning reptiles, snakes, mice, monkeys, tigers or any other pets for that matter. They have left out any specifics on pets not allowed in the same home with their adoptees.

    I wish you the best!

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  10. #36
    BPnet Veteran Craiga 01453's Avatar
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    There have been a few mentions that Petsmart is not to blame, and that it's the adoption agency at fault. Well, I agree and disagree. The animal was purchased from a Petsmart store. Petsmart does business with this agancy. Petsmart deserves some of the credit here. Of course, the adoption agency deserves the bulk of the blame, but in my eyes, Petsmart is guilty by association.
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  11. #37
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    Paralegal with over 8 years of experience in torts and breach of contract work in both Paintiff and Defendant sides. This post is not legal advice as I am not an attorney and it is strictly my opinion based on my personal and work experience.

    I read what was posted as the contract. OP mentioned it was unsigned but that matters little as there was a contract in a sense of the agency approved and accepted payment in exchange for letting him adopt (buy) their cat. Going by the post, and what was written in bold, it does not appear to apply to the adoptee in question. It mentions nothing about other companion pets at home and its compatibility, much less what species it is. Does that cat have access to shelter, food and water? Was it declawed or maimed in any way by you or a vet after the adoption? If the answers are no, it seems you meet the contract conditions and therefore, there is NO breach that meets its clause where it stated how it is legally allowed to get the cat back.

    My suggestion to you, if it has not been done so, is REFUSE further communication with the foster and agency. Do not allow the foster mom and the agency to your property. You are opening yourself a possible can of worms even though your heart is in the right place. Reason being is, if they intent to proof that you have breached the contract, they will find an excuse to do so, assuming that they realized that they don't have a case. For example, foster mom comes in, looks around and in her opinion, might find something to her dislike or to justify her worries if she fears snakes. Not only that, she might suspect you of animal neglect if she funds something wrong. It is just not worth it to take such risks and they have no legal ground to enter your home.

    What is the worst that can happen? They would take you to court. Let them. Any self righteous person files suit and believes that they have a case. What a waste of the judge's time but let the judge deal with them. As the Plaintiff, they will have to proof their case. Keep all your communications with them in writing and save them somewhere. Check your state's statute of limitation on contracts to see how many years that they have to come after you, usually counting from "the date of breach" or the first date that they notify you that they want the cat back.

    I used to volunteer at rescues for years and stopped since then. Pet people can be quite crazy and anti-people. I would rather stay away from them.

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  13. #38
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    Re: Cat adoption denied for having a Ball Python after taking home the cat. Help!

    If they let the cat go home with you after your having provided complete and accurate information, it would appear that with the payment of the adoption fee the contract was finalized and complete. If they now seek a return of the cat on such spurious grounds, they are opening themselves up to being sued for breach of contract and whatever emotional injuries you might suffer as a result of the loss of your cat.

    I'm not sure of how the law reads in your location so, if it really matters, I would speak with a friendly lawyer about it.

    Good luck!

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  15. #39
    BPnet Lifer zina10's Avatar
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    Everyone is correct.

    Do NOT let them come to your house and tell them to stop the harassment as of now or you will have your legal counsel take over.

    This is ridiculous.

    I would also let them know that you will be in contact with Petsmart if they do not cease their harassment. Petsmart needs to be told about their practices.
    They will not take that to the next level. They already know they have no legal right to do so, and they are facing loosing their location (Petsmart) to conduct their rescue business, which they will NOT want to happen.

    Petsmart lets them use the facility, but they will not continue to do so if their customers are being harassed in that fashion, esp. with no legal rights to do so.

    Just tell them you were seeking out legal advice and were told to cease all further communication and interaction, and will NOT allow the home visit because they already said that they will make this visit a deciding factor on whether they might (unlawfully) seize the cat.
    Last edited by zina10; 02-28-2018 at 02:18 PM.
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  17. #40
    BPnet Veteran CALM Pythons's Avatar
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    Re: Cat adoption denied for having a Ball Python after taking home the cat. Help!

    Quote Originally Posted by Cheesenugget View Post
    Paralegal with over 8 years of experience in torts and breach of contract work in both Paintiff and Defendant sides. This post is not legal advice as I am not an attorney and it is strictly my opinion based on my personal and work experience.

    I read what was posted as the contract. OP mentioned it was unsigned but that matters little as there was a contract in a sense of the agency approved and accepted payment in exchange for letting him adopt (buy) their cat. Going by the post, and what was written in bold, it does not appear to apply to the adoptee in question. It mentions nothing about other companion pets at home and its compatibility, much less what species it is. Does that cat have access to shelter, food and water? Was it declawed or maimed in any way by you or a vet after the adoption? If the answers are no, it seems you meet the contract conditions and therefore, there is NO breach that meets its clause where it stated how it is legally allowed to get the cat back.

    My suggestion to you, if it has not been done so, is REFUSE further communication with the foster and agency. Do not allow the foster mom and the agency to your property. You are opening yourself a possible can of worms even though your heart is in the right place. Reason being is, if they intent to proof that you have breached the contract, they will find an excuse to do so, assuming that they realized that they don't have a case. For example, foster mom comes in, looks around and in her opinion, might find something to her dislike or to justify her worries if she fears snakes. Not only that, she might suspect you of animal neglect if she funds something wrong. It is just not worth it to take such risks and they have no legal ground to enter your home.

    What is the worst that can happen? They would take you to court. Let them. Any self righteous person files suit and believes that they have a case. What a waste of the judge's time but let the judge deal with them. As the Plaintiff, they will have to proof their case. Keep all your communications with them in writing and save them somewhere. Check your state's statute of limitation on contracts to see how many years that they have to come after you, usually counting from "the date of breach" or the first date that they notify you that they want the cat back.

    I used to volunteer at rescues for years and stopped since then. Pet people can be quite crazy and anti-people. I would rather stay away from them.
    This right here all day!!! Read this twice and keep it next to you in case you need to read it again if they make you feel vulnerable.
    I'd like to hear an update when you get a chance


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