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Old 05-02-2010, 11:36 PM
 
3,748 posts, read 12,403,639 times
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Are you a 501(c)(3) NPO? If so I would tell them that no - the fee is not refundable but since they returned the dog, it could now be considered a donation and could be tax deductable. May make it a little easier for them to swallow and digest, If you are not a registered NPO - then a contract is a contract is a contract. No refunds
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Old 05-02-2010, 11:54 PM
 
4,796 posts, read 22,903,762 times
Reputation: 5047
From the adoptive family's standpoint:

You gave them a dog that was sick from the get-go. He didn't eat for days, and then later his s crotum became swollen. This could suggest that you entered the adoptive agreement under false pretenses and deceived them about what they were paying for. And therefore, the non-refundable fee policy would not be enforceable. Amongst other things.

I'm just pointing out, there are two sides to every situation. If you are absolutely certain that there is no chance the dog was sick when you turned it over to the adoptive family, then respond with a copy of the no-refund policy that they signed. Keep your tone neutral though--no 'too bad/so sad!' comments. You will only damage your own reputation.
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Old 05-02-2010, 11:55 PM
 
Location: Columbia, California
6,664 posts, read 30,610,392 times
Reputation: 5184
State laws differ, but did you have a wellness clause? A guarantee of wellness for a stated amount of time. You did say they complained of illness within days.
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Old 05-03-2010, 04:38 AM
 
161 posts, read 563,453 times
Reputation: 151
if the dog was fully vetted and you provided copies of those records to the new home that should be sufficient to prove he wasnt ill when he was adopted. if your contract states no refunds, then hold firm. make sure you upheld your end of the deal and hold them to theirs. sometimes people think they are ready to add another dog to their home but find out (usually at the expense of the dog) that they werent as ready as they thought they were. good luck!
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Old 05-03-2010, 04:42 AM
 
Location: Montreal -> CT -> MA -> Montreal -> Ottawa
17,330 posts, read 33,025,722 times
Reputation: 28903
What part of non-refundable don't they understand???

Don't give them a penny!
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Old 05-03-2010, 05:21 AM
 
7,380 posts, read 15,672,917 times
Reputation: 4975
Quote:
Originally Posted by kodaka View Post
From the adoptive family's standpoint:

You gave them a dog that was sick from the get-go. He didn't eat for days, and then later his s crotum became swollen. This could suggest that you entered the adoptive agreement under false pretenses and deceived them about what they were paying for. And therefore, the non-refundable fee policy would not be enforceable. Amongst other things.

I'm just pointing out, there are two sides to every situation. If you are absolutely certain that there is no chance the dog was sick when you turned it over to the adoptive family, then respond with a copy of the no-refund policy that they signed. Keep your tone neutral though--no 'too bad/so sad!' comments. You will only damage your own reputation.
if there's no health guarantee in the contract, it doesn't matter if the dog was already sick.

i agree that the tone of communication should be kept neutral/professional though, and telling them they got the dog sick is not a good idea. you just don't know if that's the case, there's probably no way to prove it, and there's no good reason to accuse them of that.
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Old 05-03-2010, 05:59 AM
 
4,231 posts, read 15,421,974 times
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You're not being unreasonable in not giving the fee back IMO as it was stated no refunds in the contract - but it gets a little complicated when the dog goes to adopter #2 soon after his first adoption, perhaps those ppl s/h given the adoption fee to the previous adopters as technically they got a free dog (not counting a lot of high vet bills which it sounds like the rescue is now dealing w/).

I know of a case where a dog died a few days after being adopted. He was older and did have a heart condition, was on meds and had been recently neutered. They knew his health history but took a liking to him and went ahead w/ the adoption. They werent given back the adoption fee (not sure if they asked) but were told they could adopt whenever they were ready for no fee which seems fair.


Quote:
Originally Posted by mrs1885 View Post
I took in a dog from a co-worker that lost his home recently. I had the dog fully vetted, as he'd never had it to the vet. Four days or so after he was vetted he went to his new home.

Two days after they took him home they said it wasn't eating. I asked if he was eating nothing at all or if he wasn't eating as much as they thought he was. He's well over 100 pounds and could stand to gain a few pounds. But he's also a major couch potato and so many people think they should put away 20 pounds of dog food each day. She said he's eating, just not much and she didn't think it was enough. I told her Newfies don't eat that much. Suggested things she can do to entice him to eat more and such but told her if she thought it was more than that to take him to the vet and have the vet call me.

Two days after that I started getting e-mails from them saying they weren't sure if it was going to work out and they wanted to know what to do. Their sheltie had been attacking the adopted dog. I told them it wasn't a decision I could make for them but I'd support what they chose. I suggested training for their dog as they said there was no aggression at all in the dog they adopted from us.

Ultimately they decided it wasn't go to work and Jack had to come back. When I first brought him in I had two approved applications and two approved home visits. I called the second adopter and they still wanted to adopt him. They did and her husband works thirty minutes from the adopters so they just picked him up and brought him home. It worked great. Until......

The second adopter called and said Jack is very sick. His scrotal sac is swollen to the size of a grapefruit. He's passing blood in his stool - a lot of it. The vet did a ton of blood work and started him on three meds. In the middle of it all we had a monster storm blow through with wicked tornadoes. The vet had to evacuate the clinic so they sent him home with all the meds. We should know more on Monday.

Today I log in and get an e-mail from the first adopter asking when she can expect the adoption fee back! First of all, when they adopted him we went over the contract that says the fees are not refundable. Second, the dog was very ill thanks to them. They even told the new adopters his sac was very swollen, so they knew there was a problem and did nothing. Now I've got some monster vet bills piling up! And she wants her adoption fee back?

Does anyone think I'm being unreasonable in not giving the fee back?
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Old 05-03-2010, 07:04 AM
 
490 posts, read 1,788,196 times
Reputation: 262
They should not get their fee back. I understand "the fee" is tax deductible so in fact is a donation, not a purchase with a guarantee.

In 2008 I adopted a cat. It didn't work out because the cat was a ferral and bit me several times and cut skin. After two months, I returned the cat to the Humane Society and advised them to adop him to someone with a big house and a yard. I did not request my fee back because to me that was a donation.

So, put your foot down and tell them to read the contract with a magnifying glass!

Best luck,
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Old 05-03-2010, 07:04 AM
 
Location: St. Croix
737 posts, read 2,587,460 times
Reputation: 762
Just ignore/block their emails. Send them all future vet bills.
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Old 05-03-2010, 07:16 AM
 
Location: Crossville, TN
1,327 posts, read 3,677,903 times
Reputation: 1017
Quote:
Originally Posted by mrs1885 View Post
I took in a dog from a co-worker that lost his home recently. I had the dog fully vetted, as he'd never had it to the vet. Four days or so after he was vetted he went to his new home.

Two days after they took him home they said it wasn't eating. I asked if he was eating nothing at all or if he wasn't eating as much as they thought he was. He's well over 100 pounds and could stand to gain a few pounds. But he's also a major couch potato and so many people think they should put away 20 pounds of dog food each day. She said he's eating, just not much and she didn't think it was enough. I told her Newfies don't eat that much. Suggested things she can do to entice him to eat more and such but told her if she thought it was more than that to take him to the vet and have the vet call me.

Two days after that I started getting e-mails from them saying they weren't sure if it was going to work out and they wanted to know what to do. Their sheltie had been attacking the adopted dog. I told them it wasn't a decision I could make for them but I'd support what they chose. I suggested training for their dog as they said there was no aggression at all in the dog they adopted from us.

Ultimately they decided it wasn't go to work and Jack had to come back. When I first brought him in I had two approved applications and two approved home visits. I called the second adopter and they still wanted to adopt him. They did and her husband works thirty minutes from the adopters so they just picked him up and brought him home. It worked great. Until......

The second adopter called and said Jack is very sick. His scrotal sac is swollen to the size of a grapefruit. He's passing blood in his stool - a lot of it. The vet did a ton of blood work and started him on three meds. In the middle of it all we had a monster storm blow through with wicked tornadoes. The vet had to evacuate the clinic so they sent him home with all the meds. We should know more on Monday.

Today I log in and get an e-mail from the first adopter asking when she can expect the adoption fee back! First of all, when they adopted him we went over the contract that says the fees are not refundable. Second, the dog was very ill thanks to them. They even told the new adopters his sac was very swollen, so they knew there was a problem and did nothing. Now I've got some monster vet bills piling up! And she wants her adoption fee back?

Does anyone think I'm being unreasonable in not giving the fee back?

Absolutely not! They signed an agreement. I think they should be charge the vet bills for their inability to keep the dog healthy.
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