GliderCENTRAL

Adoption Contract held up in court!

Posted By: SugareeErin

Adoption Contract held up in court! - 05/22/09 02:42 AM

I have great news! I testified in court today regarding someone breaking my adoption contract. The contract read "By signing this you agree that you will care for the animal properly and if you can no longer care for the animal you will notify me immediately, I may be able to take them and/or rehome them".

When I found out this person was selling him I told them I wanted him back and was informed they had decided to keep him. Come to find out I was lied to he was sold just days later. frown The person who bought him sued due to him being under contract amoung other things.

I said in my testimony that I wished to be awarded my glider in the case, and that hopefully I could work out something and adopt his bonded mate. I answered quetions regarding breaking up a bonded pair and the problems it caused, and on the reasoning behind my contract.

And I won! I was awarded not only my glider, but his bonded mate as well! clap

Just wanted to get this out there for any others that go throught this. I now have a much more sound contract that will no question hold up in court. If it were not for the documentation in this case I never would have won.

So lessons here: If you are breeding make sure to have a contract, and keep a record of ALL corespondence with the buyer, you just never know when you may need it! Tell the person they will have to sign a contract and let them review it and ask questions before the day of purchase. And if you have a contract that is broken you can win your baby back smile


Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 02:47 AM

Congratulations Erin!!! I am glad your baby is back and he got to keep his mate too! That is truly awesome!!!!!
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 02:50 AM

Oooooh now ain't THAT gonna be a kick in the shorts the next time someone thinks they can ignore a contract! Way to go!!
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 02:51 AM

Yay!! Congrats! Glad everything worked out for you! Enjoy your babies!!!
Posted By: itsasugarglider

Re: Adoption Contract held up in court! - 05/22/09 02:51 AM

That's wonderful!!! I've wondered before if these contracts would hold up in court.

I'm glad to hear that the gliders are going to be well taken care of laugh I'm happy for all 3 of you! ^_^
Posted By: uraqt33

Re: Adoption Contract held up in court! - 05/22/09 02:57 AM

That's WONDERFUL news!!!! CONGRATS!!!!
Posted By: ozzi

Re: Adoption Contract held up in court! - 05/22/09 02:57 AM

dance That's awesome!!!!! dance
Posted By: DirtyPaws

Re: Adoption Contract held up in court! - 05/22/09 02:57 AM

Whoot! Whoot! That's awesome! jump

Here's to your super-smart-worded contract! party And yay for that judge for caring about him having a mate too!

You go girl! dance

When do the babies come home?
Posted By: SugareeErin

Re: Adoption Contract held up in court! - 05/22/09 03:01 AM

This is also something to think about for all those people who got a "bad" deal, (sick, underage, or injured ect) You must keep in mind that I was just a witness. The person who brought this case against a bad "breeder" won this case. I wonder what it would do to the mill breeders to be sued (more often?? I must assume someone has sued them...)
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 03:06 AM

Too cool! It is awesome to hear a story every now and again of the judicial system not only up holding the law but also reiterating what is right and best for the parties involved. Those two gliders are sure lucky to have someone like to to speak on their behalf. Congratulations to the three of you!
Posted By: GliderLove

Re: Adoption Contract held up in court! - 05/22/09 03:08 AM

That is awesome!! Congrats on the win smile
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 03:14 AM

Congratulations on getting your baby back! So glad this had a happy ending. smile
Posted By: sugarglidersuz

Re: Adoption Contract held up in court! - 05/22/09 10:53 AM

I'm so glad your contract held up clap Kudos to you for following up on it and testifying on the gliders' behalf thumb
I used contracts when I was still breeding... started using them in 2004 when I first got my USDA License. Fortunately, I never had to take anyone to court about it, but I always felt better having the peace of mind knowing that "my" gliders would be protected by the contract.
Posted By: LabNGliderMom

Re: Adoption Contract held up in court! - 05/22/09 11:00 AM

YAY! Congrats!
Posted By: Trigger

Re: Adoption Contract held up in court! - 05/22/09 11:53 AM

YAY! That is wonderful news . I think it's really sad people don't understand that by signing a contract you are legally obligated to the stipulations of that contract.

Glad to hear that your guy found out & will probably understand the impact of a signed paper a whole lot better now.
Posted By: Lindsay

Re: Adoption Contract held up in court! - 05/22/09 12:02 PM

Congrats!! That is awesome news. I find it amazing what some people think they can try and get away with.

Do you think PPP could be sued? Has anyone ever tried?
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 01:50 PM

If any of you would like to share your contracts I would love to see them. I am working on a contract for a similar situation. Any help would be appreciated. Just PM me if you would
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 02:07 PM

That's fantastic news!!
Posted By: Jennifer_Maaske

Re: Adoption Contract held up in court! - 05/22/09 02:24 PM

that is awesome!!!!
Posted By: MissSarah

Re: Adoption Contract held up in court! - 05/22/09 02:44 PM

YaY!! Congrats! smile
Posted By: Guerita135

Re: Adoption Contract held up in court! - 05/22/09 03:58 PM

Wow! That' awesome! Congratulations! grin

I've been told by multiple people that these contracts don't hold up, but I'm EXTREMELY happy to know that they do! laugh
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 04:05 PM

Nicole...why wouldn't they hold up?? Weird that were told that...I would guess though that if both copies of a contract were signed, dated, and probably notarized..it's a lawful agreement. I don't know much about things like this, but that's what would make sense to me.
Posted By: TheGliderPlayroom

Re: Adoption Contract held up in court! - 05/22/09 04:20 PM

But Nicole, if in the past a verbal contract has been upheld in court and the judge ordered the gliders returned, with no proof beyond the word of the person involved- why wouldn't a written, signed, notorized contract hold up? At least with a written contract you can hold it in your hand and read it and have PROOF beyond a doubt that the person read and agreed to it.
Posted By: Guerita135

Re: Adoption Contract held up in court! - 05/22/09 05:41 PM

I'm not sure. I was told that it wouldn't hold up because when a person buys an animal then they're allowed to do whatever they way with the animal. It's their "property" to do with as they please.

I still have a contract because I figured that if it came down to it then I'd have a better chance getting a baby back WITH a contract then without one.
Posted By: rdobbie23

Re: Adoption Contract held up in court! - 05/22/09 05:46 PM

PM being sent!
Posted By: GliderNursery

Re: Adoption Contract held up in court! - 05/22/09 06:08 PM

It's great to know that a precident has been set in a court of law. If anyone has issues in the future, you can now refer to this case (you'd have to get the case number, county, state etc I'm sure)and prove that gliders have been returned as stipulated.

Congratulations! This is an extremely postive step forward for the glider community!
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 06:58 PM

Deffinitly a good day for gliders in the US!!!! smile
This gives me more confidence with selling or purchasing a glider. Congrats on your BIG win!!!!!!!



smile
Posted By: SugareeErin

Re: Adoption Contract held up in court! - 05/22/09 09:50 PM

Yes this was a huge step! I am so happy how it turned out. I am going to add my new contract to my website, I feel it is important to have it available so people will fully understand what they are signing. The new one is long and very detailed, modeled after another breeders contract. I have a place for a witness, but I have decided I will only require a notary if the glider is being shipped. Until I have it posted, fell free to PM me. I modeled it after one I found online at petsugargliders.com that seemed legally binding.
Posted By: mommawannabe

Re: Adoption Contract held up in court! - 05/22/09 10:16 PM

Wooohoooo congrats Erin!!! That is soooo awesome!!!

Anna
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/22/09 10:27 PM

Congratulations Erin - No animal should be sold or adopted without a contract - Y E A for you

Sue
owned by &
mom to
Posted By: hwh4ev

Re: Adoption Contract held up in court! - 05/23/09 01:13 AM

erin,
good for you all.

regards,
nancy in detroit
Posted By: tlc_in_chitown

Re: Adoption Contract held up in court! - 05/23/09 06:40 AM

The case went to court in wisconsin. Wisconsin has public records online. Erins gliders were rewarded due to her conract and the testimonies. On the flip side of this, I think that people that BUY also need that same contract. It states that the seller has a right to sell them to you in the first place. These contracts help the person that bought them also have a better leg to stand on should that not be the case and they wind up in court. If the person selling them is too vague in anything having to do with the glider...walk away. Have all of the info when you take your glider home. Don't wait for them to get the rest of the information to you because it may never come. There are a lot of sugar gliders offered for sale in newspapers and online. Adoptions are crossing states and distance is hardly a factor anymore. The people doing this often bank on distance, thinking that nobody will find out. Some people are selling gliders with little, sketchy, or no history to trusting people. Some of those gliders may be contracted gliders that shouldn't be sold at all. The time and money that was spent and lost far outweighs what is recovered when going to court. Going to court was for "what is right" and doing the "right thing". How many people would actually come clean with the breeder if they figured out that they had bought a contracted glider, knowing that they could lose it? Doing the right thing and being honest is sometimes a very hard thing to. I know because I pondered this the whole night before calling her, then showing up at her house to tell her I had her boy. Even as I pondered this I knew what I would do. If it was my glider...I would want to know. Anyone thinking of buying a glider that should happen to read this....know that I shared this for you. I learned the hard way, but gained a friend. Thank You Erin for my little pumkin boy. It was meant to be, that I met you. Peace.
Posted By: suggiemom1980

Re: Adoption Contract held up in court! - 05/23/09 01:23 PM

BeckiT has an awesome contract! It has a place for a witness and has to be notarized. I was very impressed with it when I got it for Abeje.
Posted By: Anonymous

Re: Adoption Contract held up in court! - 05/23/09 02:47 PM

Congrats! Notes taken!
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