Legal Question in Real Estate Law in Massachusetts

Re: My parents gave away my cats

The oral agreement is probably not enforceable.

No, under most if not all circumstances, when you entrust, the person is the custodian, and cannot or should not do anything to undermine your rights.

Technically, you can go to court and sue for equitable relief and damages against your parents, and the person who has the cats.

Re: My parents gave away my cats

Your parents arguably had "apparent authority" to give your cats away without your consent, which could impede your ability to get the cats back from the person to whom they were given.

The oral agreement to return the cats, made by the person to whom they were given, might be enforceable, but probably only if the promise was made in exchange for something given to them in return for making that promise.

Also, even though it is not the best claim, you could sue in "replevin" for the return of your cats, on grounds your parents were not authorized to give them away.

Perhaps even the threat of legal claims will be enough to strike a deal for their return. I don't usually handle cases on this level, but as an owner of two cats sympatize with your situation. Let me know if there is anything I can do to help facilitate their return to you.

Re: My parents gave away my cats

This is a very interesting legal question. The other attorneys have given great legal advice. From a different perspective, I wonder whether you are "balancing the equities" in a fair manner here, and that is in thinking about this in more than one way. Are you willing to put your money up to take your parents to court over your cats and are you considering the outcome of such an action on your relationship with your parents? If you have a good relationship with your parents, maybe you should further seek your parents' assistance in the return of your cats, and then if they refuse to help to correct the erroneous transfer of your "property", you can decide what steps to take from there. If you have a bad relationship with your parents, then maybe the outcome doesn't matter to you, but the legal and moral question here is "Shouldn't it matter?". In either situation, getting your cats back is important to you, and that is what any attorney representing you must focus on. Be prepared to have the other party submit bills for the cats' care and veterinarian services if any were required in your absence. The court may allow this. Unless you really don't care, or find no reason to honor your parents' decision, I caution you against suing your parents over the cats. Either way, you do not want to wait long to start the process of getting your cats back. An attorney can help with the delicate balancing of the problem, and, as other counsel have noted, possibly the idea of going to court to have to answer for having property (cats) that they may not be entitled to have, may give the current holders of your cats cause to return them. My family has taken care of up to six cats and I know that they can be quite endearing, but consider that maybe your parents just thought it was then best to find them a home. Maybe the burden of caring for them was too much. Maybe they didn't understand your expressed plans. Legal counsel will have an interesting case to bring in court, and sometimes, the courts are so burdened, they don't look favorably on such claims unless they involve some real value. I do not want to discourage you, but also, you should consider putting the problem into another perspective. If this does not work, by all means, have your counsel file a lawsuit. The sooner the better.