‘They said that it would be animal cruelty’: Dog shelter demands adopted dog’s return after dog mom pays for medical treatments that helped pup walk again, and after years of court battles she finally won official ownership of her dog

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    "It took forever, but there's now a final and binding decision: My contract is to be classified as a sales contract, and I therefore own my dog."
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    I (live in Austria) adopted a female dog from an (Austrian) animal welfare association eight months ago. I had another dog from the same organization before, there were never any problems.
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    The organization has one of the (already known here) contracts where ownership is not to be transferred. However, the return clause "only" includes cases where I can no longer take care of it as well as animal cr Ity.
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    My dog was partially paralyzed (hind legs) when I took her over, because of a vertebral fracture. She had therefore used a wheelchair. Our veterinarian determined that surgery was possible. I also had it done (over 3k €), she can now walk again (limping a bit). The
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    Call M
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    contract stipulates that I cover all veterinary costs and also have to pay for "extraordinary expenses", but no duty to provide information about it. A month ago, I was asked for photos of H (it was also the same with the previous dog) and sent some, was then asked
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    about the state of health, because there was no wheelchair and I just said there was an operation and H was fine. There was a positive reaction and nothing more. A week later I got a WhatsApp message that I had to return the dog because she should no
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    longer live in Vienna and they had a couple with a house and garden that she would take over (no idea if these people really exist). At this point, it may be worth mentioning that H is a "pretty", two-year- old Spitz, in whom there would certainly be a lot of interest without a disability. I wrote back
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    that I was not prepared to do so and that the circumstances in which I would have to return H according to the contract did not apply. Then came the message that it would be "animal cruelty" to keep such a dog in the city in an apartment and that I had "endangered" her
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    because I did not have the surgery approved. I felt that this was cheeky in this context and did not react to further contact, because | thought that the worst thing I would get was a lawyer's letter or, as the worst escalation, a property lawsuit from the district court and that
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    would not hold. Well, yesterday the woman from the organization stood in front of my apartment door and demanded the dog. My neighbors wrote to me that she was there, she also asked if they had keys to my apartment because she had to pick
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    up my dog. I had to go home from work and asked her to leave. When she did not do that and screamed, I called the police. She then claimed that I had "stolen" H from the organization. I showed photos of the dog as well as mail history about the adoption, my neighbors
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    have confirmed that they see H every day. Police thankfully told her that even if the dog was her property, she could not take it on her own. She then left and said she would now report me for theft.
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    About 1.5 years ago, I adopted a disabled dog from an animal welfare organization. She has largely recovered following surgery and physical therapy, on which I have now spent over 8,000 euros. After I sent the organization an update video showing
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    that she was walking again, they wanted her back under the pretext that my home was no longer suitable for her (since I live in the city and in an apartment). They even tried to more or less break into my home and kidnap the dog.
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    It later turned out that my dog had previously belonged to the daughter of the association's president, who had given her up after the accident. Then, suddenly, a different explanation emerged: It was all just temporary; now that the children are older, she can take care of her again;
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    there was a typo in the contract or I was given the wrong form, and I was merely a foster home. They wanted to give me 50 euros a month as compensation. It took forever, but there's now a final and binding decision: My contract is to
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    be classified as a sales contract, and I therefore own my dog Important to note: This is only a first-instance ruling, and another court could view the matter quite differently. It *does not* mean that ownership is guaranteed to transfer even in the case of other
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    "protection agreements." The judge's ruling discusses the various clauses over several pages, and the following factors were decisive: • The contract is 90% a copy of a sales contract from another animal welfare organization;
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    even at other organizations, such clauses are found almost exclusively in sales contracts • But most importantly: My contract includes a clause stating that the organization will not take my dog if I can no longer care
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    for her, and it explicitly states that they must agree to her being rehomed but are not required to assist me in doing so. The contract is structured so that I bear full responsibility and costs for the rest of her life.
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    I'm very relieved that it didn't go to a second round and that I'll now be able to spend the rest of her life with my dog. Thank you all for your support. I wanted to give another update, but I may not respond to comments, as this whole experience has been very draining for me.

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