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Summary of Pet Purchaser Protection Acts



Charlotte Walden



Publish Date:
2012
Place of Publication: Michigan State University College of Law

Printable Version

Twenty-two U.S. states have enacted Pet Purchaser Protection Acts, which are commonly known as Puppy Lemon Laws, for the purpose of exactly what the name implies: purchaser protection. In order to accomplish this goal, a typical Pet Purchaser Protection Act requires the seller to make certain disclosures about an animal that is offered for sale, while also affording the purchaser a remedy if a diseased animal is obtained from the seller. The idea is that if a seller is held responsible for the well-being of an animal that is offered for sale, the seller will not sell a diseased animal. Likewise, if the purchaser is informed about the animal’s past, the purchaser will be less likely to purchase a diseased animal.

Animals Covered

While the common name of the Pet Purchaser Protection Act (i.e. Puppy Lemon Laws) suggests a focus on dogs, many states also cover cats and, if you are in New Hampshire, ferrets. Please note, however, that a state, like California, may only require the seller to make disclosures for cats while not affording the purchaser a remedy for the purchase of a diseased cat.

Type of Seller

In addition to limiting the types of animals covered under the act, Pet Purchaser Protection Acts also limits the type of seller who can provide a remedy to the purchaser. Typically, these statutes only affect pet stores who sell the covered animal, but some statutes, like California, also cover the sale of an animal by breeders. 

Seller’s Obligations

Pet Purchaser Protection Acts require a seller to fulfill certain obligations before an animal is sold to a purchaser. For instance, states like Delaware and Rhode Island  require that the seller provides the purchaser with a copy of the purchaser’s rights either at the time of sale or upon the purchaser’s request. Furthermore, these statutes may also require disclosures about the animal’s history, including recent examinations by a veterinarian or the place of the animal’s birth. In fact, some states, like Arizona and Connecticut, require sellers to have an animal examined by a licensed veterinarian before the animal is sold. Please note, however, that if a seller does not comply with the Pet Purchaser Protection Act’s disclosure requirements, the purchaser will not necessarily be entitled to remedies. Rather, sellers will most likely face penalties for failing to follow the terms of the statute, such as fines or potentially losing their license to sell animals.  Yet some states will afford the purchaser a remedy if the seller does not provide the purchaser with certain documentation. For instance, in Delaware and Pennsylvania, if a seller advertises an animal as being registered or capable of being registered and the seller does not provide the purchaser with the documents necessary to prove the registration or to affect the registration, the purchaser may be entitled to remedies—as long as the purchaser complies with certain provisions of the act.  Additionally, New Hampshire provides the purchaser with a remedy if the seller does not provide the purchaser with a copy of the purchaser’s rights.

Time Frame to Exercise Purchaser Remedies

In most Pet Purchaser Protection Acts, a purchaser will be provided with a remedy when he or she buys an animal that has an illness or a congenital/hereditary condition that adversely affects the animal’s health—although some states, like New Hampshire and Maine, make specific provisions in the event of an animal’s death. To obtain a remedy, the purchaser must take the animal to a licensed veterinarian within a certain time frame—which is usually around 2 weeks for an illness and can range from anywhere between 2 months to 1 year for congenital or hereditary condition—and obtain the veterinarian’s certification that the animal was unfit for purchase at the time of sale. The time frame for a veterinarian certification usually starts the day the animal is sold; however, some time frames, typically those for hereditary or congenital conditions, start the day of the animal’s birth.

Remedies Available to the Purchaser

If a purchaser meets the requirements to be eligible for a remedy under a Pet Purchaser Protection Act, the purchaser will usually be provided with the option of choosing a single remedy from a list—although the state of Arkansas only provides the purchaser with a single remedy. The list of remedies available under a Pet Purchaser Protection Act can include:

  • the ability to return the animal and obtain a full refund (and, in some states, obtain reimbursement for the reasonable cost of veterinary fees);
  • the ability exchange the animal for another animal of equivalent value (and, in some states, obtain reimbursement for the reasonable cost of veterinary fees); or
  • the ability retain the animal and obtain reimbursement for the reasonable cost of veterinary fees.
    Please note that in addition to remedies under a Pet Purchaser Protection Act, a purchaser may also qualify for certain common law remedies if a diseased animal was purchased from a certain seller.

Limitations to Purchaser Rights

Lastly, a purchaser may be barred from a remedy for a number of reasons. For instance, most states, like New York and Pennsylvania, will not provide a remedy if the purchaser does not notify the seller within a certain time frame about the veterinarian’s diagnosis. Other states, like Arizona and California, will not afford the purchaser a remedy if the purchaser does not provide certain documents to the seller.  Additionally, most states, like Florida and Pennsylvania, will usually not provide the purchaser with a remedy if the illness or injury occurred after the purchase, the veterinarian finds intestinal or external parasites in the animal, and/or the illness or hereditary/congenital condition was disclosed at the time of purchase. Also note that Pet Purchaser Protection Acts typically allow the seller to contest the purchaser’s remedies and may also set out provisions on how a purchaser can initiate a lawsuit against a seller.

 

 

State Animal Covered Type of Seller Seller's Obligations Time Frame to Exercise Purchaser Remedies Remedies Available to Purchaser Limitation to Purchaser Remedies
Alabama
Alaska
Arizona Dog or Cat

Act covers only pet dealers.

"Pet dealer" -  is a person who owns a pet store.

A. R. S §§ 44-1799(4)

"Pet store" -  a commercial establishment that engages in for-profit business of selling at retail cats, dogs, or other animals. 

A. R. S §§ 44-1799(4)

 

Before a pet dealer places a dog or cat for sale, the pet dealer must have the cat or dog examined by a licensed veterinarian

A. R. S. § 44-1779.01(a)

Upon the sale of a cat or dog, the pet dealer must provide the purchaser with a written statement that includes things such as a cat or dog's birth, sex, breed, markings and color, immunizations, and deworming. 

A. R. S. § 44-1799.02(A)(1)-(3)

Must also provide written statement about the veterinarian treatment and medication while in the pet dealer's possession:

1. The cat or dog was examined by a licensed veterinarian and

  • the cat or dog has no disease or illness at the time of sale OR
  • the cat or dog was examined by a licensed veterinarian and the cat or dog has no apparent congenital or hereditary condition that will affect it at the time of sale or in the future. OR

2. The pet dealer discloses any diseases, illnesses, congenital or hereditary condition that cat or dog has.

 A. R. S. § 44-1799.02(4)(a)-(b)

The pet dealer must provide the purchaser with a written notice of the purchaser's rights.

A R. S. § 44-1799.02(C)

 

Illness:

Within 15 days after the purchaser takes possession of the cat or dog, the purchaser obtains a written statement by a licensed veterinarian indicating the cat or dog was ill before the purchase. A. R. S. § 44-1799.05(A)(1)

Congenital or Hereditary Condition:

For a congenital or hereditary condition, within 60 days after the purchaser takes possession of the cat or dog, the purchaser obtains a written statement by a licensed veterinarian indicating that either:

  • the cat or dog has a congenital or hereditary condition that will adversely effect the animal's health or

  • the congenital or hereditary condition requires or is likely to require hospitalization or nonelective surgical procedures.  A. R. S. § 44-1799.05(A)(2)

It is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if the cat or dog dies within fifteen days after the purchaser takes possession of the cat or dog. A. R. S. § 44-1799.07

If the purchaser is entitled to remedies, the purchaser may choose from the following:

1. Return and Refund: Return the animal and receive a refund.

2. Exchange and Reimburse: Exchange the cat or dog for another cat or dog of equivalent value and receive reimbursement for reasonable veterinarian fees for diagnosis and treatment. The reimbursement price cannot exceed the original purchase price of the animal.

3. Retain and Reimburse: Retain the animal and receive reimbursement for reasonable veterinarian fees for diagnosis and treatment. The reimbursement price cannot exceed the original purchase price of the animal.

A. R. S. § 44-1799.05(C)

In the event of death:

If the cat or dog was unfit for sale and has died or had to be euthanized, the pet dealer must refund the purchase price of the cat or dog to the purchaser.

A. R. S. § 44-1799.05(E)

The purchaser will not be entitled to remedies under this statute if:

The purchaser does not notify the pet dealer in writing about the cat or dog's health or medical problem within 5 days of the veterinarian's diagnosis.

A. R. S. § 44-1799.05(D)(1)

The purchaser does not offer to present the cat or dog to the pet dealer, if the cat or dog is ill or has a congenital  or hereditary condition, with copies of all the records pertaining to the animal's diagnosis and condition.

A. R. S. § 44-1799.05(D)(2)

The purchaser does not provide the pet dealer a written veterinarian statement, if the dog or cat dies within 15 days of purchase, stating the that the cat or dog died from an illness that existed on or before the purchaser took possession of the cat or dog.

A. R. S. § 44-1799.05(D)(3)

The dog or cat's death or illness occurred from an event that took place after the animal's purchase.

 A. R. S.§ 44-1799.05(H)(1)

The purchaser failed to carry out the recommended treatment, unless the recommended treatment exceeds the purchase price of the dog or cat.

A. R. S.§ 44-1799.05(H)(2)

The disease, illness, or condition the purchasers wishes to return the dog or cat for was disclosed by the pet dealer at the time of sale.

A. R. S.§ 44-1799.05(H)(3)

The purchaser refuses to return all of the documents pertaining to the registration of the cat or dog to the pet dealer.  

A. R. S.§ 44-1799.05(H)(4)

A  licensed veterinarian finds the cat or dog has intestinal or external parasites.

A. R. S. § 44-1799.07(B)

The pet dealer prevails in court. 

A. R. S. § 44-1799.06

Arkansas

For purposes of chapter, "animal" means a Dog or Cat of any age.

A.C.A. § 4-97-103(1).

A retail pet store.

Retail pet store - any room or group of rooms, run, cage, compartment, exhibition pen, or tether, any part of which is within the State of Arkansas, wherein any animal is sold or kept, displayed, or offered for sale, to the public.

A. C. A. § 4-97-103(11)(A)

 

A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed and signed by he pet store, setting forth the rights. The notice of rights, signed by the retail pet store, must contain the animal's breed, sex and color; an identification number; the date of sale and sales price; and the name, address and telephone number of the consumer. A. C. A. § 4-97-105

The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type.

 

For an illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the consumer has 10 days following the sale of the animal to obtain a certification from a licensed veterinarian that the animal was unfit for purchase.

A. C. A. § 4-97-105(b)(1)

If the consumer is entitled to remedies, the consumer may:

1. Retain and Reimburse: If the animal is determined to be unfit for sale by a licensed veterinarian of the consumer's choosing, then the retail pet store shall afford the consumer the right to retain the animal and to receive reimbursement from the retail pet store for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal.

A. C. A. § 4-97-105(b)(1)

The consumer will not be eligible for remedies under this statute if:

The consumer does not present the retail pet store with a signed veterinary certification that the animal is unfit for sale within 3 business days of obtaining the veterinarian's certification.

A. C. A. § 4-97-105(d)(2)

A licensed veterinarian finds intestinal parasites unless the animal is clinically ill due to such condition.

A. C. A. § 4-97-105(e)(1)

An animal sustained an injury or illness contracted subsequent to the consumer's taking possession thereof.

A. C. A. § 4-97-105(e)(2)

The retail pet store prevails in court.

A. C. A. § 4-97-105(f)

California

Polanco-Lockyer Pet Breeder Warranty Act only covers dogs.

Lockyer-Polanco-Farr Pet Protection Act deals with both cats and dog, but remedies for consumer do not cover cats.

 

For the Polanco-Lockyer Pet Breeder Warranty Act:

This act only applies to the purchase of dogs from dog breeders.

CA HLTH & S § 122070

A dog breeder or breeder means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.

CA HLTH & S § 122045(b)

For the Lockyer-Polanco-Farr Pet Protection Act:

This act mostly applies to the purchase of dogs and, in some instances, cats from pet dealers.

Pet dealer means a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code.

CA HLTH & S § 122125(b)

 

Polanco-Lockyer Pet Breeder Warranty Act:

Breeders must provide the purchaser with a written notice of the purchaser's rights.

CA HLTH & S § 122100

A written disclosure, signed by both the breeder and the purchaser, containing information such as breeders name and address, dog's birthdate, breed, sex, markings, registration information, and record of inoculations and deworming treatments.

CA HLTH & S § 122050(a)

A record of any veterinarian treatment or medication while the dog was in possession of the breeder that contains a signed statement indicating either  1. that a dog does not have any known disease or illness and that the dog has no known congenital or hereditary condition OR 2. a record of any known illnesses, diseases, congenital or hereditary conditions that a dog may have.  

CA HLTH & S § 122050(a)(6)(A)(i-ii)

For the Lockyer-Polanco-Farr Pet Protection Act:

Note that some provisons cover both dogs and cats, BUT pet purchaser remedy provisions are only for dogs

 For dogs only

A pet dealer must provide the purchaser with a written disclosure of purchaser rights.

CA HLTH & S § 122190

A written disclosure, signed by both the pet dealer and the purchaser, containing breeder's name and address, birthdate, breed, sex, markings, registration information, and a record of inoculations and deworming treatments.

CA HLTH & S § 122140(b)

A record of any veterinarian treatment or medication while the dog was in possession of the pet dealer that contains a signed statement indicating either 1. that a dog does not have any known disease or illness and that the dog has no known congenital or hereditary condition OR 2. a record of any known illnesses, diseases, congenital or hereditary conditions that a dog may have.

CA HTLH & S § 122140(b)(6)(B)

For cats only:

The pet dealer must provide the purchaser with a written disclosure containing breeder's name and address, date of birth, date the dealer received the cat, and a record of the immunizations and worming treatments.

Must also provide a record of any known disease or sickness that the cat is afflicted with at the time of sale. In addition, this information shall also be orally disclosed to the purchaser.

CA HLTH & S § 122140(a)

Polanco-Lockyer Pet Breeder Warranty Act:

1. Illness - within 15 days after the purchaser takes physical possession of the dog and veterinary certification.

2. Congenital or hereditary defects - within 1 year after the purchaser takes physical possession of the dog and veterinary certification

CA HLTH & S § 122070

Lockyer-Polanco-Farr Pet Protection Act:

Note: Remedies are available for dogs only

1. Illness - within 15 days after the purchaser takes physical possession of the dog and veterinary certification.

2. Congenital or hereditary defect - within 1 year after the purchaser takes physical possession of the dog and veterinary certification.

CA HLTH & S § 122160

 

Polanco-Lockyer Pet Breeder Warranty Act:

If a dog is certified by a licensed veterinarian to be unfit for sale, then the purchaser can choose from the following remedies:

1. Refund and Reimburse: Return the dog to the breeder for a refund of the purchase price and reimburse for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog.

2. Exchange and Reimburse: Exchange the dog for a dog of the purchaser's choice of equivalent value and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog.

3. Retain and Reimburse: Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price.

(If the dog dies, the purchaser can choose refund or replacement as described.)

CA HLTH & S § 122070

Lockyer-Polanco-Farr Pet Protection Act:

If a dog is certified by a licensed veterinarian to be unfit for sale, then the purchaser can choose from the following remedies:

1. Return and Reimburse: Return the dog to the breeder for a refund of the purchase price, plus sales tax, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog.

2. Exchange and Reimburse: Exchange the dog for a dog of the purchaser's choice of equivalent value, providing a replacement dog is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed the original purchase price of the dog.

3. Retain and Reimburse: Retain the dog, and receive reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog.

(If the dog dies, the purchaser can obtain refund or replacement as described).

CA HLTH & S § 122160

For the Polanco-Lockyer Pet Breeder Warranty Act & Lockyer-Polanco-Farr Pet Protection Act, the purchaser will not be entitled to remedies under this status if:

A veterinarian finds intestinal or external parasites in/on the dog,unless the presence of intestinal or external parasites is making dog clinically ill or is likely to make the dog clinically ill.

CA HLTH & S § 122075(b) & CA HLTH & S § 122175(b)

The illness, condition, or death resulted from maltreatment or neglect or from an injury sustained or an illness or condition contracted subsequent to the delivery of the dog to the purchaser.

CA HTLH & S § 122085(a) & CA HLTH & S § 122175(a)

The purchaser fails to carry out a veterinarian's recommended treatment. This limitation does not apply if the cost of treatment is more than the purchase price of the dog.

CA HLTH & S § 1220805(b) & CA HLTH & S § 122175(b)

The breeder or pet dealer disclosed the disease, illness, or condition that the purchaser is seeking a remedy for. This limitation does not apply if a licensed veterinarian states in writing, within 1 year after the purchaser takes possession of the dog, that the disease, illness, or condition requires, or is likely in the future to require, hospitalization or nonelective surgical procedures or that the disease, illness, or condition resulted in the death of the dog.

CA HTLH & S § 1220805(c) & CA HLTH & S § 122175(c)

The purchaser fails to return to the breeder or the pet dealer all documents previously provided to the purchaser for the purpose of registering the dog. This limitation does not apply if if the purchaser signs a statement certifying that the documents have been inadvertently lost or destroyed.

CA HLTH & S § 122085(d) &  CA HLTH & S § 122175(d)

The purchaser does not notify the breeder within 5 days of a veterinarian's diagnosis that the dog is unfit for purchase and the purchaser does not provide the veterinarian's name and telephone number.

CA HLTH & S § 122080(a) & CA HLTH & S § 122170(a)

In the case of a congenital or hereditary condition, the purchaser does not return the dog, within 5 days after the diagnosis,with a written statement from the veterinarian that the dog was unfit for purchase due to an illness, due to illness, a congenital or hereditary condition, or the presence of symptoms of a contagious or infectious disease, that existed on or before delivery of the dog to the purchaser, and that adversely affects the health of the dog.

CA HLTH & S § 122080(b) & CA HLTH & S § 122170(b)

In the event of a dog's death, the purchaser does not provide the breeder or pet dealer with a written statement from a veterinarian licensed in this state stating that the dog died from an illness that existed on or before the delivery of the dog to the purchaser.

CA HLTH & S § 122080(c) & CA HLTH & S § 122170(c)

If the breeder ot pet dealer prevails in court, then the purchaser will not be entitled to remedies and may have to pay reasonable attorney fees if they acted in bad faith for seeking a remedy.

CA HLTH & S § 122095 & CA HLTH & S § 122185

Colorado
Connecticut Dog or cat

This act only covers pet shops.

 "Pet shop" means any place at which animals not born and raised on the premises are kept for the purpose of sale to the public. C.G.S.A. § 22-327 (9)

 

A pet shop licensee shall provide for examination of such dog or cat by a veterinarian before the dog or cat are offered for sale and within 15 day intervals thereafter until the dog or cat is sold. The licensee shall keep record of the veterinarian services rendered to the dog or cat.

 C.G.S.A. § 22-344b(a)

Each pet shop licensee who sells dogs or cats shall post a statement of customer rights pursuant to this section in a location that is readily visible to the public and also provide a copy of such statement to any purchaser of a dog or cat at the time of purchase.

C.G.S.A. § 22-344b(b)(2)

A sign must be posted on dog cages alerting the consumer about the breed of such dog, the locality and state in which such dog was born, and any individual identification number of such dog as listed on the official certificate of veterinary inspection from the state of origin.

C.G.S.A. § 22-344d(a)

A sign shall be posted with disclosure language required by law. 

C.G.S.A § 22-344d(b)

Illness:

If within 20 days of sale, any such dog or cat becomes ill or dies of any illness which existed in such dog or cat at the time of the sale, the consumer is entitled to relief.

 C.G.S.A. § 22-344b(1)(b)(A) 

Hereditary Condition:

If within 6 months of sale, any such dog or cat is diagnosed with a congenital defect that adversely affects or will adversely affect the health of such dog or cat, the consumer is entitled to relief.

C.G.S.A. § 22-344b(1)(b)(B)


If the consumer is entitled to relief, the consumer may choose from one of the following:

1. Retain and Reimburse: Reimburse the consumer not more than $500 for services and medications provided by a licensed veterinarian for treatment of the illness or congenital defect and the licensee may not require the consumer to return the dog for reimbursement

C.S.G.A. § 22-344b(1)(b)(B)(i)

2. Replace the dog or cat 

C.S.G.A. § 22-344b(1)(b)(B)(ii) 

3. Refund the dog or cat for the full purchase price.

C.S.G.A. § 22-344b(1)(b)(B)(ii)

Delaware Dogs

Only sellers are covered under this act.

 "Seller" means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Delaware law. Persons selling fewer than 20 dogs, or 3 litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter. 6 Del.C. § 4001(4)

 

The seller must provide the purchaser with a written statement including animal's date of birth, breeder's name and address, breed, sex, color, markings, registration information, records of the dog's inoculations and deworming treatments, and a record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession of the seller. 6 Del.C. § 4002(a)(1)- (5)

The seller must provide a purchaser with a written disclosure signed and dated by both the seller and purchaser stating 1. that the animal has no known disease, illness, congenital or hereditary condition ; 6 Del. C. 4003(a)  or 2. stating any known disease, illness, congenital or hereditary condition. 6 Del. C. 4003(b)

If the dog has not received any veterinarian care prior to sale, this fact shall be disclosed to the purchaser. 6 Del.C. § 4003(b)

The seller must provide the purchaser a written notice of the purchaser's rights upon point of sale, which may also be provided to the purchaser upon request. 6 Del.C. § 4009(b)

The seller must post a notice that a purchaser is entitled to a written copy of his or her rights at the time of sale or upon request. 6 Del.C. § 4009(a)

A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered or capable of being registered with an animal registering organization unless the seller provides the purchaser with the documents necessary for that registration with 120 days following the date of sale of such animal. 6 Del.C. § 4011

Illness:

If within 20 days after purchase of the animal, a licensed veterinarian states in writing that the animal suffers or has died from an illness, disease or other defect adversely affecting the animal's health that existed in the animal on or before delivery to the purchaser, the purchaser is entitled to relief.

 6 Del.C. § 4005(a)(1)

Congenital or Hereditary Condition:

If within 2 years after purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization or nonelective surgical procedures, the purchaser is entitled to remedies.

6 Del.C. § 4005(a)(2)

Dogs Advertised as Being Registerable:

Within 120 days following the date of sale in the event that a seller fails to provide documents necessary for registration.

6 Del.C. § 4011(b)

If the purchaser is entitled to remedies, the purchaser may choose from one of the following:  

1. Return and Reimburse: Return the animal to the seller for a full refund of the purchase price and reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.

6 Del.C. § 4005(b)(1)

2. Exchange and Reimburse: Exchange the animal for another one of purchaser's choice having comparable value, providing such replacement animal is available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal;

6 Del.C. § 4005(b)(2) or

3. Retain and Reimburse: Retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.

6 Del.C. § 4005(b)(3)

4. Retain and Partial Reimbursement OR Return and Full Reimbursement:

If a seller fails to provide documents necessary for registration within 120 days following the date of sale, the purchaser shall, upon written notice to the seller, be entitled to retain the animal and receive a partial refund of 75 percent of the purchase price or return the animal along with all documentation previously provided the purchaser for a full refund. Remedies under this section shall also be available where there was a material misrepresentation in connection with the sale as to the breed of the animal.

6 Del.C. § 4011(b)

The purchaser will not be eligible for remedies under this statute if:

The purchaser does not notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice shall include the name and telephone number of the veterinarian providing the diagnosis.

6 Del.C. § 4006(1)

The purchaser does not provide a written statement, in the case of illness or disease, from a licensed veterinarian within 10 days of diagnosis stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious infectious disease.

6 Del.C. § 4006(2)

Intestinal or external parasites adversely affect an animal's health unless their presence makes the animal clinically ill.

6 Del.C. § 4005(a)(1)

The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent to the delivery of the animal to the purchaser.

6 Del.C. § 4007(a)(1)

The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. However, this subdivision shall not apply if the cost for such treatment, together with the veterinarian's fee for diagnosis, would exceed the purchase price of the animal.

6 Del.C. § 4007(a)(2)

The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.

6 Del.C. § 4007(a)(3)

The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering the animal.

6 Del.C. § 4007(a)(4)

The seller prevails in court.

 6 Del.C § 4008

D.C.
Florida

Dogs and Cats

Act only covers pet dealers

 A "pet dealer" is any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. F.S.A. § 828.29(13)

Requirements to Sell Dogs:

Dogs offered for sale in Florida must be tested and vaccinated by a licensed veterinarian for listed diseases prior to sale unless the licensed and accredited veterinarian certifies that it would not be in the best medical interest of the dog. F.S.A. § 828.29(1)(b)

An examination by a licensed veterinarian must take place no more than 30 days prior to the sale of the dog with parasite testing. F.S.A. § 828.29(3)(c)

Requirements to Sell Cats:

Cats offered for sale in Florida must be tested and vaccinated by licensed veterinarian for listed diseases prior to sale unless the licensed and accredited veterinarian certifies that it would not be in the best medical interest of the cat. F.S.A. § 828.29(2)(b)

An examination by a licensed veterinarian must take place no more than 30 days prior to the sale of the cat, must include, but is not limited to testing for internal parasites and feline leukemia. F.S.A. § 828.29(3)(c)

Disclosures to the Consumer:

A copy of the current official certificate of veterinary inspection must accompany the cat or dog at all times during the offer to be sold. F.S.A. § 828.29(3)(a)-(b)

A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of specific congenital or hereditary disorders. F.S.A. § 828.29(7)

Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale with a written notice of the consumer's rights. F.S.A. § 828.29(12)

A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for sale within the state. F.S.A. § 828.29(16)

Illness:

If, within 14 days following the sale by a pet dealer of an animal, a licensed veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding fleas and ticks, the consumer is entitled to remedies.

 F.S.A § 828.25(5) OR

Congenital or Hereditary Condition:

If, within 1 year following the sale of an animal, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or if, within 1 year following the sale of an animal, the breed, sex, or health of such animal is found to have been misrepresented to the consume, the consumer is entitled to remedies.

 F.S.A. § 828.25(5)

Consumer signs a waiver:

If the consumer signs a waiver relinquishing his or her right to return the dog or cat for congenital or hereditary disorders, the consumer has 48 normal business hours, excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian of the consumer's choosing.

F.S.A. § 828.29(6)

If the dog or cat was declared unfit for purchase, the purchaser can choose from one of the following remedies:

1. Return, Refund, and Reimbursement: The right to return the animal and receive a refund of the purchase price, including the sales tax, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification. F.S.A. § 828.29(5)(a)

2. Return, Exchange and Reimbursement: The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification; F.S.A. § 828.29(5)(b) or

3. Retain and Reimbursement: The right to retain the animal and receive reimbursement for reasonable veterinary costs for necessary services and treatment related to the attempt to cure or curing of the dog or cat. F.S.A. § 828.29(5)(c)

If a consumer waived his or her right to return the dog or cat for congenital or hereditary disorders, the purchaser can choose from one of the following remedies:

1. Return and Refund: the right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit; F.S.A. § 828.29(6)(a) or

2. Return and Exchange: The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat is unfit. F.S.A. § 828.29(6)(b)

A consumer will not be entitled to remedies under this statute if:

The consumer does not notify the pet dealer within 2 business days after the veterinarian's determination that the animal is unfit.

 F.S.A. § 828.29(8)

The consumer does not present the pet dealer with written certification of unfitness not later than 3 business days following receipt thereof by the consumer.

F.S.A. § 828.29(8)

The pet dealer disclosed the congenital or hereditary condition the consumer seeks a remedy for.

F.S.A. § 828.29(7)

An animal sustained an injury or contracted an illness after the consumer took possession of the animal.

F.S.A. § 828.29(9)

A veterinarian finds intestinal or external parasites unless the animal is clinically ill because of that condition.

F.S.A. § 828.29(9)

The pet dealer prevails in court.

F.S.A. § 828.29(10)

Georgia
Hawaii
Idaho
Illinois Dogs and Cats

Pet Shop

This Section shall not apply to any adoption of dogs or cats, including those in which a pet shop or other organization rents or donates space to facilitate the adoption.

225 ILCS 605/3.15(l)

Pet shop operators, to the best of his or her knowledge, must provide the consumer with the following information in writing: The retail price of the dog or cat; The breed, age, date of birth, sex, and color of the dog or cat; The date and description of any inoculation or medical treatment that the dog or cat received while under the possession of the pet shop operator; the name and business address of both the dog or cat breeder and the facility where the dog or cat was born; the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered if eligible for registration; if the dog or cat was returned by a customer, then the date and reason for the return; A copy of the pet shop's policy regarding warranties, refunds, or returns and an explanation of the remedies available under this statute; The pet shop operator's license number issued by the Illinois Department of Agriculture; a disclosure form that must be signed by the seller and the purchaser; a copy of the pet store operator's policy regarding warranties, refunds, or returns shall be provided to the customer.

225 ILCS 605/3.15(a-c)

A pet shop operator shall post in a conspicuous place in writing on or near the cage of any dog or cat available for sale the information required by subsection (a) of this Section 3.15.

225 ILCS 605/3.15(d)

The pet shop operator shall notify the Department immediately upon becoming aware of the disease if there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-treatening disease. If the department issues a quarantine, the pet shop operator must , in writing and within 2 business days of the quarantine, each customer who purchased a dog or cat during the 2-week period prior to the outbreak and quarantine.

225 ILCS 605/3.15(e)

(1) Within 21 days after the date of sale, a licensed veterinarian states in writing that at the time of sale (A) the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or obvious signs of severe parasitism that are extreme enough to influence the general health of the animal, excluding fleas or ticks, or (B) the dog or cat has died from a disease that existed in the dog or cat on or before the date of delivery to the customer; or


(2) Within one year after the date of sale, a licensed veterinarian states in writing that the dog or cat possesses a congenital or hereditary condition that adversely affects the health of the dog or cat or requires either hospitalization or a non-elective surgical procedure or has died of a congenital or hereditary condition.

225 ILCS 605/3.15(f)

A customer entitled to a remedy under subsection (f) of this Section may:

(1) return the dog or cat to the pet shop for a full refund of the purchase price;

(2) exchange the dog or cat for another dog or cat of comparable value chosen by the customer;

(3) retain the dog or cat and be reimbursed for reasonable veterinary fees for diagnosis and treatment of the dog or cat, not to exceed the purchase price of the dog or cat; or

(4) if the dog or cat is deceased, be reimbursed for the full purchase price of the dog or cat plus reasonable veterinary fees associated with the diagnosis and treatment of the dog or cat, not to exceed 2 times the purchase price of the dog or cat.

225 ILCS 605/3.15(g)

The customer chose to waive the remedies provided under this statute in favor of the warranty provided by the pet shop.

225 ILCS 605/3.15(m)


If the illness or death resulted from: (A) maltreatment or neglect by the customer; (B) an injury sustained after the delivery of the dog or cat to the customer; or (C) an illness or disease contracted after the delivery of the dog or cat to the customer; the customer does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis; or the customer does not return to the pet shop all documents provided to register the dog or cat, unless the documents have already been sent to the registry organization; then the customer is not entitled to a remedy.

225 ILCS 605/3.15(j)

If the customer does not (1) notify the pet shop as soon as reasonably possible and not to exceed 3 business days after a diagnosis by a licensed veterinarian of a disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy; (2) provide to the pet shop a written statement by a licensed veterinarian within 5 business days after a diagnosis by the veterinarian; (3) upon request of the pet shop, take the dog or cat for an examination by a second licensed veterinarian; and (4)  provide to the pet shop an itemized bill for the disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy.The fourth requirement is only if the customer requests a reimbursement of veterinary fees.

225 ILCS 605/3.15(i)

If the pet shop contests the remedy and wins, the customer will not be entitled to remedies. If the court or arbiter finds that either party acted in bad faith in seeking or denying the requested remedy, then the offending party may be required to pay reasonable attorney's fees and court costs of the adverse party. 

225 ILCS 605/3.15(k)

Internal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog or cat clinically ill.

225 ILCS 605/3.15

Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Dogs and Cats

This act covers sellers.

“Seller” means the owner or operator of a breeding kennel as defined.

“Seller” includes animal dealers required to be licensed by the USDA.

“Seller” does not include humane societies, nonprofit organizations performing the functions of humane societies or animal shelters. 7 M.R.S.A. § 4151(4-A)

Sellers shall deliver to the purchaser of an animal a disclosure, which must be signed by both the seller and the purchaser, that contains things such as breeder licensing information, date of birth, markings, breed, registration information, and a record of inoculations, internal or external parasite treatments, medication or any veterinarian examination or treatment received by the animal while in the possession of the seller.  

7 M.R.S.A. § 4152(1)(A)((1-7))

Note: the seller must make the prospective purchaser aware that the prospective purchaser can see this information prior to purchase.

7 M.R.S.A. § 4152(3)(C)

The seller must also provide a signed statement that the animal at time of delivery has no known health problem or a statement disclosing any known health problem. This statement must also include when the animal was last seen by a veterinarian.

7 M.R.S.A. § 4152(1)(B)

A seller who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser with a notice stating that pedigree registration does not assure health or quality of an animal;

7 M.R.S.A. § 4152(1)(C) and

The seller shall indicate whether or not, to the seller's knowledge, the animal or its sire or dam is registered with, and whether the animal is certified by any organization that maintains a registry pertaining to congenital or hereditary problems and explain the meaning of these terms.

7 M.R.S.A. § 4152(1)(D)

The seller has the option of providing the purchaser with a list of congenital or hereditary problems that are known to affect the breed being purchased.

7 M.R.S.A. § 4152(2)

As part of the disclosure, the seller must provide the purchaser with a copy of the consumer's rights, which must be signed by both the seller and the purchaser.

7 M.R.S.A. § 4160(1)

The seller must make an oral disclosure of all the medical information that is required to be disclosed.

7 M.R.S.A. § 4160(2)

A seller who states, promises or represents that an animal is registered or capable of registration with an animal pedigree organization shall provide the purchaser with the documents necessary for registration.

 7 M.R.S.A. § 4152-A

A seller whose facility has public access shall post, in a prominent location in the area to which a prospective purchaser would have access, a notice indicating purchasers are entitled to disclosure statements and a copy of consumer rights.

7 M.R.S.A. § 4159

Sellers may not, contractually or otherwise, exempt themselves from the remedies provided by this section for deaths or health problems caused by infectious, contagious, parasitic or communicable disease.

7 M.R.S.A. § 4155

Illness:

If within 10 days after receipt of the animal by the purchaser, a veterinarian states in writing that the animal has any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal that existed in the animal at the time of delivery, the purchaser is entitled to remedies.

7 M.R.S.A. § 4155(1) or

Hereditary Condition:

If within 1 year after receipt of the animal by the purchaser, a veterinarian states in writing that due to a hereditary or congenital defect the animal has died or has a condition that will shorten its life or will require constant treatment during its life, the purchaser is entitled to remedies.

7 M.R.S.A. § 4155(1)

If an animal is determined to be unfit for sale, then the purchaser may choose from one of the following:

1. Return and Refund: Return of the animal to the seller for a refund of the full purchase price of the animal;

7 M.R.S.A. § 4155(3)

2. Exchange: Exchange the animal for an animal of the purchaser's choice of equivalent value, providing a replacement is available;

7 M.R.S.A. § 4155(3) or

3. Retain and Reimburse: Retain the animal and be reimbursement for 1/2 of the reasonable veterinary fees not to exceed 1/2 of the original purchase price of the animal.

7 M.R.S.A. § 4155(3)

If an animal dies, the the purchaser may be afforded one of the following remedies:

1. An animal of equal value, if available;

7 M.R.S.A. § 4155(2) or

2. A refund of the full purchase price of the animal

7 M.R.S.A. § 4155(2).

The consumer will not be entitled to remedies under this statute if:

The purchaser does not notify the seller, within 2 business days, of the diagnosis by a veterinarian of a health problem and provide the seller with the name and telephone number of the veterinarian and a copy of the veterinarian report on the animal.

7 M.R.S.A. § 4156(1)

The purchaser, but only in the case where the purchaser wants a full refund, does not return the animal within 2 business days after receipt of a written statement from a veterinarian indicating that the animal is unfit due to a health problem.

7 M.R.S.A. § 4156(2)

The purchaser, but only in the case where the purchaser wants a full refund and the animal is dead, does not provide the seller with a written statement from a veterinarian indicating that the animal died from a health problem that existed on or before the receipt of the animal by the purchaser.

7 M.R.S.A. § 4156(2)

The health problem or death of the animal resulted from maltreatment, neglect or a disease contracted while in the possession of the purchaser or from an injury sustained subsequent to receipt of the animal by the purchaser.

7 M.R.S.A. § 4157(2)(A)

A disclosure statement disclosed the health problem for which the purchaser seeks to return the animal.

7 M.R.S.A. § 4157(2)(B)

The health problem is a hereditary or congenital one covered by section 4152.

7 M.R.S.A. § 4157(2)(C)

The seller prevails in court.

7 M.R.S.A. § 4158

Maryland

Dogs 

The act covers retail pet stores.

“Retail pet store” means a for-profit establishment open to the public that sells or offers for sale domestic animals to be kept as household pets.

MD BUS REG § 19–701(g)

At the time of sale, or at the request of a bona fide prospective purchaser, a retail pet store must provide a written record that includes the date of birth, breed, markings, dealer/breeder information, registration information, and all inoculations, worming treatments, and other medical treatments, if known, including the date of the medical treatment, the diagnoses, and the name and title of the treatment provider.

MD BUS REG§19-703(a)(2)

The retail pet store must also provide a health certificate from a veterinarian licensed certifying that the dog (i) has no known disease, illness, or congenital or hereditary condition which is diagnosable with reasonable accuracy; and (ii) that the dog does not appear to be clinically ill from parasitic infection at the time of the examination;

MD BUS REG §19-704(a)(1)

The retail pet store must provide a statement of purchaser's rights to the purchaser under this subtitle.

MD BUS REG §19-704(a)(3)

Illness:

If within 7 days after the date of the sale, the person had the dog examined by a veterinarian licensed in the State and, within 14 days after the date of the sale, the licensed veterinarian states in writing that the dog suffers from or has died of a disease or illness adversely affecting the health of the dog and that existed in the dog on or before the date of delivery to the purchaser, the purchaser is entitled to remedies.

MD BUS REG §19-705(a)(1)(i) or

Congenital Condition:

If within 180 days after the date of the sale, a licensed veterinarian states in writing that the dog possesses or has died of a congenital or hereditary condition adversely affecting the health of the dog or that requires hospitalization or a nonelective surgical procedure, the purchaser is entitled to remedies.

MD BUS REG §19-705(a)(1)(ii)

If a licensed veterinarian certifies the dog has an illness or a hereditary or congenital condition, the purchaser may choose from one of the following remedies:

1. Return and Refund: Return the dog to the retail pet store for a full refund of the purchase price;

MD BUS REG §19-705(b)(1)(i)

2. Exchange: Exchange the dog for another dog of comparable value chosen by the purchaser, if available;

MD BUS REG §19-705(b)(1)(ii)  or

3. Retain and Reimburse: Retain the dog and be reimbursed by the retail pet store for reasonable and documented veterinary fees for diagnosis and treatment of the dog, not exceeding the purchase price of the dog.

MD BUS REG §19-705(b)(1)(iii)

 

 

A purchaser will not be entitled to remedies under this statute if:

A purchaser does not provide to the owner or operator of the retail pet store, within 5 business days after receipt, a written statement from a licensed veterinarian that the dog suffers from or has died of a disease, illness, or congenital or hereditary condition adversely affecting the health of the dog and that existed in the dog on or before the date of delivery to the purchaser.

MD BUS REG § 19-705(c)

The illness or death resulted from either (i) maltreatment or neglect by the purchaser; (ii) an injury sustained after the delivery of the dog to the purchaser; or (iii) an illness or disease contracted after the delivery of the dog to the purchaser;

MD BUS REG § 19-705(d)(1)

The purchaser does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis;

MD BUS REG § 19-705(d)(2) 

The illness, disease, or congenital or hereditary condition was disclosed at the time of purchase.

MD BUS REG § 19-705(d)(2)

The retail pet store prevails in court.

MD BUS REG § 19-705(b)(2)

The dog has intestinal or external parasites, unless the presence of the parasites makes the dog clinically ill.

MD BUS REG § 19-705(a)(2)

Massachusetts

Dogs and Cats

The act covers pet shops.

A Pet Shop is defined as any place or premise where birds, mammals, or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift.

330 CMR § 12.01

No licensee shall display, offer for sale, sell or give away any animal with any obvious signs of infectious diseases; nutritional diseases including; obvious signs of severe parasitism which is impacting the general health of the animal; fractures, lameness or congenital abnormalities affecting the general health of animal; or metabolic disease.

 330 CMR §12.05(1)

No licensee shall sell or give away any dog or cat unless the licensee is in possession of a health certificate issued by a licensed veterinarian dated not more than 7 calendar days previous to the sale or give away; or which has been returned to the licensee due to its failure to pass a veterinary examination after its sale to a purchaser, unless a new licensed veterinarian's health certificate, dated after the date of the return, has been issued to the licensee; or which is under a quarantine order

 330 CMR § 12.05(2)

 A licensee must give the purchaser, at the time of purchase a copy of an animal's complete vaccination, prophylactic medication and treatment records; a notice of the 14-day warranty; and a statement signed by both the purchaser and the licensee acknowledging receipt of these materials, to be kept as part of the licensee's record of sale or give away.

 330 CMR § 12.09(2)

 

Disease or Congenital Disorder:

If within 14 calendar days of sale has the dog or cat examined by a licensed veterinarian of his or her choice, and the examination indicates the dog or cat is diseased or has a congenital disorder, the purchaser is entitled to remedies.

330 CMR § 12.05(3)(a)

If a licensed veterinarian certifies the dog or cat is diseased or has a congenital disorder, then the purchaser may choose one of the following remedies:

1. Substitution or 

2. A full refund.

330 CMR § 12.05(3)

A purchaser will not be entitled to remedies under this statute if:

The purchaser does not present the dog or cat, with a veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, AND provide proof of sale within two business days of the date of the examination.

330 CMR § 12.05(3)(b)

Michigan
Minnesota

Dogs and Cats

This act covers pet dealers.

"Pet dealer" means any person, firm, partnership, corporation, or association, including breeders, that is required to collect sales tax for the sale of animals to the public (excludes humane societies, nonprofit organizations performing the functions of humane societies, or animal control agencies).

M.S.A. § 325F.79(b)

 

Every pet dealer shall deliver to each retail purchaser of an animal written disclosure that includes things such as breeder information, date of birth, markings, registration, and a record of inoculations, worming treatments, and medication received by the animal while in the possession of the pet dealer.

M.S.A. § 325F.791(a) (Subdivision 1)

The pet dealer shall also provide a statement signed by the pet dealer that the animal has no known health problem, or a statement signed by the pet dealer disclosing any known health problem and a statement signed by a veterinarian that recommends necessary treatment.

M.S.A. § 325F.791 b)(Subdivision 1)

A pet dealer who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser, within 90 days of final payment, the documents necessary for registration.

M.S.A. § 325F.791 (Subdivision 3)

No animal may be offered for sale by a pet dealer to a retail purchaser until the animal has been examined by a veterinarian. The veterinarian used by the broker shall not be the same veterinarian used by the pet dealer.

M.S.A. § 325F.791 (Subdivision 4)

The pet dealer shall post notice of the retail purchaser's rights in a prominent location in the facility.

M.S.A. § 325F.791 (Subdivision 9)

The pet dealer shall provide the retail purchaser with a written statement of rights.

M.S.A. § 325F.791 (Subdivision 10)

Health problem:

If within 10 days after receipt of the animal by the purchaser, a veterinarian states, in writing, that the animal has a health problem which existed in the animal at the time of delivery, the purchaser is entitled to relief.

M.S.A. § 325F.791 (Subdivision 6)  OR

Hereditary/Congenital Defect:

If within 1 year after receipt of the animal by the purchaser, a veterinarian states, in writing, that the animal has died or is ill due to a hereditary or congenital defect, or is not of the breed type represented, the purchaser is entitled to remedies.

M.S.A. § 325F.791 (Subdivision 6)

Dog or cat dies due to a health problem that existed in the animal at the time of delivery to the purchaser:

1. Exchange and Reimburse: Receive an animal, of equal value, if available, and reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original purchase price of the animal; or

2. Refund: Receive a refund of the full purchase price.

M.S.A. § 325F.791 (Subdivision 6)

Dog or cat has a health problem that existed at the time of delivery to the purchaser:

1. Return and Refund: Return the animal to the pet dealer for a refund of the full purchase price; price;

2. Exchange: Exchange the animal for an animal of the purchaser's choice of equivalent value, providing a replacement is available; or

3. Retain and Reimburse: Retain the animal, and receive reimbursement for reasonable veterinary fees, such reimbursements not to exceed the original purchase price of the animal.

M.S.A. § 325F.791 (Subdivision 6)

A purchaser will not be entitled to remedies under this statute if:

The health problem or death resulted from maltreatment, neglect, or a disease contracted while in the possession of the purchaser, or from an injury sustained subsequent to receipt of the animal by the purchaser.

M.S.A. § 325F.791(a) (Subdivision 7)

A veterinarian's statement was provided to the purchaser that disclosed the health problem for which the purchaser seeks to return the animal.

M.S.A. § 325F.791(b) (Subdivision 7)

The purchaser fails to carry out recommended treatment prescribed by the examining veterinarian.

M.S.A. § 325F.791(c) (Subdivision 7)

The purchaser does not notify the pet dealer, within two business days, of the diagnosis by a veterinarian of a health problem and does not provide the pet dealer with the name and telephone number of the veterinarian and a copy of the veterinarian's report on the animal.

M.S.A. § 325F.791 (Subdivision 5)

The purchaser does not, in the case of wishing to receive a full refund for the animal, return the animal within two business days after receipt of a written statement from a veterinarian indicating the animal is unfit due to a health problem.

M.S.A. § 325F.791 (Subdivision 5)

The purchaser does not, in the case of a dead animal, provide the pet dealer a written statement from a veterinarian, indicating the animal died from a health problem which existed on or before the receipt of the animal by the purchaser.

M.S.A. § 325F.791 (Subdivision 5)

The pet dealer prevails in court.

M.S.A. § 325F.791 (Subdivision 8)

Mississippi
Missouri
Montana
Nebraska
Dogs and cats

This act covers sellers.

Seller means a casual breeder or any commercial establishment, including a commercial dog or cat breeder, dealer, or pet shop as such terms are defined, that engages in a business of selling pet animals to a purchaser (excludes entities such as animal control , animal rescue, or animal shelter).

Neb. Rev. St. § 54-645(6)

A seller shall deliver to the purchaser at the time of sale of a pet animal a written disclosure statement, signed by both the seller and the purchaser containing the information such as date of birth, breeder information, markings, vaccinations, registration, etc.  Also must include date or dates of any examination of the pet animal by a licensed veterinarian while in the possession of the seller.

Neb. Rev. St. § 54-646 (1)

The seller may include a statement that a veterinarian examined the pet animal and, at the time of the examination, the pet animal had no apparent or clinical symptoms of a serious health problem  or a record of any serious health problem that adversely affects the pet animal at the time of sale or that is likely to adversely affect the health of the pet animal in the future.

Neb. Rev. St. § 54-646 (1)

At the time of sale the seller shall provide the purchaser with written notice of the existence of the purchaser's rights and responsibilities under the Dog and Cat Purchase Protection Act or a legible copy of the act.

Neb. Rev. St. § 54-646 (3)

 

Serious Health Problem:

If, within 7 business days after delivery of the pet animal to the purchaser, during such examination, the veterinarian diagnoses the pet animal with a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser, the pet animal shall be declared unfit for sale and the purchaser may obtain remedies.

Neb. Rev. St. § 54-647(1)(a)

In the Event of Death or Serious Health Problem:

If within 15 months after the date of birth of the pet animal, a veterinarian diagnoses the pet animal with a serious health problem or states in writing that the pet animal has died from a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser, the pet animal shall be declared unfit for sale and the purchaser may obtain one of the remedies.

Neb. Rev. St. § 54-647(1)(b)

Note: Serious health problem means a congenital or hereditary defect or contagious disease that causes severe illness or death of the pet animal but excludes certain contagious diseases as described.

Neb. Rev. St. § 54-645(7)(a-b)

When the animal is diagnosed with a serious health problem:

1. Refund: A refund of the full purchase price of the pet animal upon return of such pet animal to the seller;

Neb. Rev. St. § 54-647(2)(a) or

2. Exchange: An exchange for a pet animal of the purchaser's choice of equivalent value, if such pet animal is available, upon return of the pet animal, if alive, to the seller;

Neb. Rev. St. § 54-647(2)(b) or

3. Reimbursement: Reimbursement for reasonable veterinary fees, not to exceed the full purchase price of the pet animal.

Neb. Rev. St. § 54-647(2)(c)

If the animal dies from a serious health problem:

1. Refund: A refund of the full purchase price of the pet animal;

Neb. Rev. St. § 54-647(3)(a) or

2. Exchange and Reimbursement: A pet animal of the purchaser's choice of equivalent value, if such pet animal is available, and reimbursement for reasonable veterinary fees not to exceed one-half of the full purchase price of the pet animal.

Neb. Rev. St. § 54-647(3)(b)

A purchaser will not be entitled to remedies under this statute if:

The purchaser, in the case of an animal being diagnosed with a serious health problem, does not notify the seller within two business days after the diagnosis and does not provide the seller with the name and telephone number of the veterinarian or a copy of the veterinarian's report.

Neb. Rev. St. § 54-647(2)

The purchaser, in the case of an animal dying from a serious health problem, does notify the seller within two business days after receipt of the written statement of the veterinarian by the purchaser and does provide the seller with a copy of such written statement.

Neb. Rev. St. § 54-647(3)

The serious health problem or death of the pet animal resulted from maltreatment, neglect, or injury occurring after delivery of the pet animal to the purchaser.

Neb. Rev. St. § 54-648(1)

Any written disclosure statements provided by a seller pursuant disclosed the serious health problem for which the purchaser is seeking a remedy;

Neb. Rev. St. § 54-648(2) or

The purchaser failed to follow through with preventative care, including, but not limited to, vaccinations, deworming treatment, or medication, recommended by a licensed veterinarian examining the pet animal.

Neb. Rev. St. § 54-648(3)

The seller prevails in court.

Neb. Rev. St. § 54-649

 

Nevada

Dogs and Cats

This act covers retailers or dealers.

A retailer or dealer shall, after the acquisition of a cat or dog for resale, cause the cat or dog to be examined by a veterinarian. The retailer or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.

N.R.S. § 574.450(1)

A retailer or dealer shall, before selling a cat, provide the purchaser of the cat with a written statement, signed by both parties, that discloses information such as date of birth, breeder history, vaccinations, and medical history.

N.R.S. § 574.460(1)

A retailer or dealer shall, before selling a dog, provide the purchaser of the dog with a written statement, signed by both parties, that discloses information such as date of birth, breeder history, vaccinations, and medical history.

N.R.S. § 574.470(1)

A retailer or dealer shall conspicuously post within close proximity to the primary enclosure of a dog or cat offered for sale a certain notice.

N.R.S. § 574.480

Within 10 days after the sale, a veterinarian determines that the pet has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale, then the purchaser may be entitled to remedies.

N.R.S. § 574.490

If the pet has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale, the purchaser may choose from one of the following:

1. Refund: Refund the purchase price of the pet if the pet is returned or provide the purchaser with another pet of equal value;

N.R.S. § 574.490(1)  or

2. Reimburse: Reimburse the purchaser, in an amount not to exceed the purchase price of the pet, for expenses incurred by the purchaser in obtaining a diagnosis and treatment for the pet from a veterinarian chosen by the retailer or dealer.

N.R.S. § 574.490(2)

A purchaser will not be entitled to remedies under this statute if:

The dog or cat has internal or external parasites, unless the dog or cat is clinically ill as a result of the parasite.

N.R.S. § 574.410(2)

New Hampshire

Dogs, Cats and Ferrets

This act covers pet shops.

“Pet shop” means any establishment licensed to keep, maintain, and transfer certain live animals, birds, and fish at retail to the public. N.H. Rev. St. § 437:2(III)

Dog, cat, or ferret must be vaccinated as required and accompanied by an official health certificate issued by a licensed veterinarian within 14 days of transfer.

 N.H. Rev. St. § 437:10 (I)

Public will be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where the dogs, cats, or ferrets are displayed.

N.H. Rev. St. § 437:10 (II)

Within 14 days of transfer, the transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the transferee, unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to relief.

N.H. Rev. St § 437:13

 Unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to:

1. A substitution or,

2. Refund: at the transferee's option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian's certificate.

N.H. Rev. St. § 437:13

New Jersey

Dogs and Cats

This act covers pet shops.

"Pet shop" means a pet shop as defined in section 1 of P.L.1941, c. 151 (C.4:19-15.1).

N.J.S.A. § 56:8-93

Within five days prior to the offering for sale of any animal, the owner or operator of a pet shop, must have the animal examined by a licensed veterinarian. The name and address of the examining veterinarian, together with the findings made and treatment, shall be noted on the animal history and health certificate for each animal as required by.

N.J.S.A. Rev. St. § 56:8-95(b)

The owner or operator of a pet shop, shall quarantine any animal diagnosed as suffering from a contagious or infectious disease, illness, or condition and may not sell such an animal until such time as a licensed veterinarian licensed determines that such animal is free of clinical signs of infectious disease or that the animal is fit for sale.

N.J.S.A. § 56:8-95(d)

The owner or operator of the pet shop shall obtain the signature of the consumer on the form and shall also sign the form at the time of purchase of an animal, and shall provide the consumer with a signed copy of the form and retain a copy of the form on the pet shop premises.

 

Non-Congenital Cause:

Within 14 days after the sale and delivery of an animal to a consumer, the animal becomes sick or dies and a veterinarian certifies, within the 14 days after the date of purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-congenital cause or condition, or that the animal died from causes other than an accident, the consumer is entitled to remedies. N.J.S.A. § 56:8-95(h)

Congenital or Hereditary Disease:

The animal becomes sick or dies within 180 days after the date of purchase and a veterinarian certifies, within the 180 days after the date of purchase of the animal by the consumer, that the animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition, or died from such a cause or condition or sickness, the consumer is entitled to remedies.

N.H. Rev. St. § 56:8-95(h)

Owner or Operator fails to provide the required notice:

If the owner or operator of the pet shop, or the employee thereof, fails to provide the required notice, the consumer shall be entitled to remedies.

N.H. Rev. St. § 56:8-95(h)

If the consumer is entitled to remedies, the consumer may choose one of the following:

1. Return and Refund: The right to return the animal and receive a full refund of the purchase price, including sales tax, plus the reimbursement of the veterinary fees, including the cost of the veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian certification;

N.J.S.A. § 56:8-95(i)(1)

2. Retain and Reimbursement: The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal, including the cost of the veterinarian certification;

N.J.S.A. § 56:8-95(i)(2)

3. Return and Exchange: The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the consumer's receipt of the veterinarian certification;

N.J.S.A. § 56:8-95(i)(3) or

In the event of death:

1. Refund and Reimbursement: In the event of the death of the animal from causes other than an accident, the right to a full refund of the purchase price of the animal, including sales tax, or another animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees, including the cost of the veterinarian certification, incurred prior to the death of the animal.

N.J.S.A. § 56:8-95(i)(4)

A consumer will not be entitled to remedies under this statute if:

The owner or operator of a pet shop prevails in court.

N.J.S.A. § 56:8-95(l)

New Mexico
New York

Dogs and Cats

This act covers pet dealers.

 A " pet dealer" shall mean any person who, in the ordinary course of business, engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders of animals who sell or offer for sale animals directly to a consumer (but excludes entities such as non-profit humane societies and certain residential breeders) .

NY GEN BUS § 752(3)

Within five business days of receipt, but prior to the sale of any dog, the pet dealer shall have a duly licensed veterinarian conduct an examination and tests appropriate to the breed and age to determine if the animal has any medical conditions apparent at the time of the examination that adversely affect the health of the animal. 

NY GEN BUS § 753-a(1)

No pet dealer shall knowingly sell any animal eighteen months of age or older that has a diagnosed congenital condition that adversely affects the health of the animal without first informing the consumer, in writing, of such condition.

NY GEN BUS § 753-a(3)

A pet dealer must disclose, on a form signed by both the dealer and the purchaser, certain things, such as health, medication, and origins of a cat or dog, to a purchaser.

NY GEN BUS § 753-b(1-2)

A statement, signed by the pet dealer at the time of sale, indicating all of the following:(1) The cat or dog has no known disease or illness;and (2) The cat or dog has no known congenital or hereditary condition that adversely affects the health of the cat at the time of sale; or

NY GEN BUS § 753-b(1-2)(i)

A record of any known congenital or hereditary condition, disease, or illness that adversely affects the health of the cat or dog at the time of sale.

NY GEN BUS § 753-b(1-2)(ii)

Pet dealer must post conspicuously notice stating: “Information on the source of these dogs and cats and the veterinary treatments received by these dogs and cats is available for review by prospective purchasers.”

NY GEN BUS § 753-b(4)

A pet dealer must disclose certain things if the animal is advertised as being registerable.

NY GEN BUS § 753-c

Every pet dealer who sells an animal to a consumer shall post a notice clearly visible to the consumer and provide the consumer at the time of sale with a written notice, printed or typed, setting forth the rights provided under this article.

NY GEN BUS § 754

Within 14 business days following the sale of an animal subject to this article or receipt of the written notice, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to remedies.

NY GEN BUS § 753(1)

If the animal is unfit for purchase, then the consumer may choose from one of the following:

1. Return, Refund, and Reimburse: The right to return the animal and receive a refund of the purchase price including sales tax and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section;

NY GEN BUS § 753(1)(a)

2. Return, Exchange, and Reimburse: The right to return the animal and to receive an exchange animal of the consumer's choice of equivalent value and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section;

NY GEN BUS § 753(1)(b) or

3. Retain and Reimburse: The right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal.

NY GEN BUS § 753(1)(c)

A consumer will not be entitled to remedies under this statute if:

The consumer does not provide to the per dealer the veterinarian certification that an animal was unfit for purchase within three business days following receipt thereof by the consumer.

NY GEN BUS § 753(2)

A veterinarian finds intestinal parasites unless the animal is clinically ill due to such condition.

NY GEN BUS § 753(3)

An animal sustained an injury sustained or contracted an illness subsequent to the consumer taking possession thereof.

NY GEN BUS § 753(3)

The pet dealer prevails in court.

NY GEN BUS § 753(4)

North Carolina
North Dakota
Ohio
Oklahoma
Oregon

Dogs

This act covers retail pet stores and pet dealers.

“Retail pet store” means a retail establishment open to the public that sells or offers to sell dogs.“Retail pet store” does not mean a person that sells or offers to sell only dogs (A) that were bred or raised by the person; or (B) that are kept primarily for the purpose of reproduction.

O.R.S. § 646A.075(1)(c-d)

“Pet dealer” means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs during a one-year period.“Pet dealer” does not mean an animal control agency, humane society or animal shelter.

O.R.S. § 646A.077(1)(b-c)

 

A retail pet store that offers a dog for sale shall, prior to accepting an offer to purchase the dog, provide certain information, in writing, such as breed, birth and age, inoculations, and breeder information.

The written information must also provide any congenital disorder or hereditary diseases in the parents of the dog known to the pet dealer.

If the dog is being sold with the representation that the dog qualifies for registration with a pedigree organization, the name and registration numbers of the parents of the dog; and the name and address of the pedigree organization with which the parents of the dog are registered must be provided.

If the dog has previously been sold by the retail pet store and returned by the purchaser, the store must provide the reason for the return.

O.R.S. § 646A.075(2)

Disease:

If later than 15 days after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog is diseased, the purchaser is entitled to relief.

O.R.S. § 646A.077(2)(a) or

Congenital Disorder:

If no later than 1 year after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog has a congenital disorder that significantly limits the dog's quality of life, the purchaser is entitled to relief.

O.R.S. § 646A.077(2)(b)

If certain conditions are met, the purchaser may be entitled to a full refund

O.R.S. § 646A.077(2)

Upon mutual agreement of the purchaser and pet dealer, the purchaser may accept a replacement dog instead of a refund.

O.R.S. § 646A.077(4)

A purchaser that complies with subsection (2) of this section may, instead of obtaining a refund, require that the pet dealer reimburse the purchaser for the cost of veterinary care provided in connection with the disease or congenital disorder described in subsection (2) of this section. The duty of the pet dealer to reimburse the purchaser for the cost of veterinary care shall be limited to the purchase price of the dog. A purchaser that agrees to accept reimbursement under this subsection waives any other claim against the pet dealer for reimbursement of the cost of veterinary care for the dog.

O.R.S. § 646A.077(5)

A purchaser will not be eligible for remedies under this statute if:

Does not return the dog to the pet dealer;

O.R.S. § 646A.077(3)(a)

Does not provide the pet dealer with a dated written statement by the examining veterinarian that the dog has a disease or has a congenital defect;

O.R.S. § 646A.077(3)(b) and

Does not provide the pet dealer with proof of the sale, including but not limited to, the date of sale.

O.R.S. § 646A.077(3)(c)

At the time of sale, the pet dealer made a clear and conspicuous disclosure in writing, initialed or signed by the purchaser, that disclosed the disease or disorder.

O.R.S. § 646A.077(6)(a)

The pet dealer had the dog examined by a veterinarian not more than 14 days prior to the date of sale and the examination did not disclose the disease or congenital disorder.

O.R.S § 646A.077(6)(b)

Pennsylvania

Dogs

This act covers Sellers.

"Seller" means a kennel, pet shop operator or other individual who sells dogs to the public and who owns or operates a kennel or pet shop licensed by the Pennsylvania Department of Agriculture or the United States Department of Agriculture. The term shall not include nonprofit kennels as defined under the act of December 7, 1982 (P.L. 784, No. 225), known as the "Dog Law."

73 P.S. § 201-9.3(h)(3)(i)

A seller shall provide a purchaser of a dog with a health record for a dog at the time of sale and a health certificate issued by a veterinarian

A guarantee of good health issued by the seller, and dated and signed by the seller and the purchaser on the date of the sale, warranting that the dog being sold is apparently free of and does not exhibit any signs of any contagious or infectious disease, is apparently free from and does not exhibit any signs of any defect which is congenital or hereditary; and does not exhibit any signs of being clinically ill or exhibit any signs of a parasitic infestation on the date of the sale.

73 P.S. § 201-9.3(a)(2)(ii)

Any seller who advertises or otherwise represents that a dog is registered or registerable shall provide the purchaser of the dog with the certain documents.

73 P.S. § 201-9.3(f)(1)

A summary of the provisions of this section shall be conspicuously posted in the place of business of persons subject to this section.

73 P.S. § 201-9.3(g)(1)

 

Illness or Death:

Within 10 days after the date of purchase a dog purchased from a seller is determined, through physical examination, diagnostic tests or necropsy by a veterinarian, to be clinically ill or dies from any contagious or infectious illness or any parasitic illness which renders it unfit for purchase or results in its death, the purchaser is entitled to certain remedies.

73 P.S. § 201-9.3(b)

Congenital or Hereditary Defect:

Within 30 days after the date of purchase a dog purchased from a seller is certified through physical examination, diagnostic tests or necropsy by a veterinarian that the dog has or died from a defect which is congenital or hereditary and which adversely affects or affected the health of the animal, the purchaser is entitled to certain remedies.

73 P.S. § 201-9.3(b)

Failure to Provide Necessary Documentation:

If the seller fails to provide this documentation within 120 days of the date of sale or fails to notify the purchaser of an extension, the purchaser is entitled to certain remedies.

73 P.S. § 201-9.3(f)(3)

For an Illness or a Congenital/Hereditary conditions:

1. Return and Refund: Return the dog to the seller for a complete refund of the purchase price, not including the sales tax.

73 P.S. § 201-9.3(b)(1)

2. Return and Replace: Return the dog to the seller for a replacement dog of equal value of the purchaser's choice, providing a replacement dog is available.

73 P.S. § 201-9.3(b)(2)

3. Retain and Reimbursement: Retain the dog and be entitled to receive reimbursement from the seller for reasonable veterinary fees incurred in curing or attempting to cure the affected dog, subject to the limitation that the seller's liability for reimbursement shall not exceed the purchase price, not including sales tax, of the dog.

73 P.S. § 201-9.3(b)(3)

If the Seller fails to provide documentation for registering a dog, then the purchaser may be entitles to one of the following:

1. Return and Refund: Return the dog and receive a full refund of the purchase price, not including sales tax.

2. Retain and Refund: Retain the dog and receive a refund from the seller in an amount equal to fifty per cent of the purchase price.

73 P.S. § 201-9.3(f)(3)(i-ii)

A purchaser will not be eligible for remedies if:
  • A veterinarian finds intestinal and external parasites unless the dog is clinically ill or dies due to that condition.

73 P.S. § 201-9.3(b)

  • A dog sustained an injury or contracted an illness subsequent to the date of sale.

73 P.S. § 201-9.3(b)

  • The purchaser does not notify the seller within two days of the veterinary examination which certifies illness, defect or death,

73 P.S. § 201-9.3(c)(6)

  • The seller provided a health certificate issued by a veterinarian that discloses in writing at the time of sale the health problem for which the buyer later seeks to return the dog. Such disclosures shall be signed by both the seller and purchaser. However, where the seller has provided a guarantee of good health, then a purchaser shall be eligible for remedies regardless of whether the seller disclosed the health problem at the time of sale.

73 P.S. § 201-9.3(c)(6)

  • The purchaser does not present the veterinarian's certification within five days or receiving the certification.

73 P.S. § 201-9.3(d)

  • The seller prevails in court.

73 P.S. § 201-9.3(e)

Rhode Island

Dogs

This act covers Sellers.

 “Seller” means any person, business or other entity engaging in the sale of dogs, except that this definition does not encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization pursuant to Rhode Island law. Persons selling fewer than twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year shall be exempt from the provisions of this chapter. RI ST § 4-25-1(4)

Seller must provide to purchaser a written statement containing information such as date of animal's birth, breeders name, registration information, inoculations, and any veterinary treatment.

RI ST § 4-25-2

Upon the sale of a dog, a written disclosure signed and dated by both the seller and purchaser shall be provided and shall include a statement by the seller that the animal either has no known disease or illness nor any congenital or hereditary condition or shall include a statement disclosing any known disease, illness or congenital or hereditary condition. The seller must disclose in writing if the animal has not received a veterinary examination prior to sale.

RI ST § 4-25-3(a)

Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under law and that a written statement of such rights is available upon request. Purchasers must be provided a written copy, signed by both parties, of these rights at the time of sale.

RI ST § 4-25-9(a-b)

If the seller represents that the animal is registered or registerable with a registry then at the time of sale an additional written notice must be signed by seller and purchaser and contain certain language. Additionally, the seller shall provide the purchaser with all documents necessary for registration 120 days following the date of sale.

 RI ST § 4-25-9(c-d)

Illness:

If within 20 days after the purchase of the dog a licensed veterinarian states in writing that the animal is suffering from or has died from an illness, disease or other defect adversely affecting the animal's health and that this condition existed in the dog on or before delivery to the purchaser, the purchaser is entitled to relief. 

 RI ST. § 4-25-5(a)(1)

Congenital or Hereditary Condition:

Within 2 years after the purchase of the dog a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization or nonelective surgical procedures, the purchaser is entitled to relief.

RI ST § 4-25-5(a)(2)

If the purchaser is entitled to remedies, the purchaser may choose from one of the following:

1. Return, Refund, and Reimburse: Return the animal to the seller for a full refund of the purchase price and also reimbursement for reasonable veterinarian fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.

RI ST § 4-25-5(b)(1)

2. Exchange and Reimburse: Exchange the animal for another one which the purchaser may choose having comparable value if a replacement is available and also receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal;

RI ST § 4-25-5(b)(2) or

3. Retain and Reimburse: Retain the animal and also receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.

RI ST § 4-25-5(b)(3)

A purchaser will not be eligible for remedies under this statute if:

The purchaser does not notify the seller in writing within 10 days after the diagnosis by a licensed veterinarian that the animal has a medical or health problem or congenital or hereditary condition.

RI ST § 4-25-6(1)

The purchaser, in the case of illness or disease, does not provide a written statement from a licensed veterinarian within ten (10) days of diagnosis which states that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious infectious disease which existed on or before delivery to the purchaser and that adversely affects the health of the animal.

RI ST § 4-25-6(2)

The purchaser fails, upon request of the seller, to take the dog for an examination by a veterinarian of the seller's choosing.

RI ST § 4-25-6(2)(B)

The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent to the delivery of the animal to the purchaser.

RI ST § 4-25-7(1)

The purchaser does not carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. If the cost for said treatment together with the veterinarians fee for diagnosis exceeds the purchase price then this section does not apply.

RI ST § 4-25-7(2)

The illness disease or condition was disclosed at the time of sale but the purchaser took the delivery of the animal anyway.

RI ST § 4-25-7(3)

The purchaser failed to return to the seller all documents previously provided to the purchaser to register the animal.

RI ST § 4-25-7(4)

Intestinal or external parasites adversely affect an animal's health unless their presence makes the animal clinically ill.

RI ST. § 4-25-5(a)(1)

The seller prevails in court.

RI ST § 4-25-8

South Carolina

Registered Companion Dogs or Cats. 

 

This act covers Pet Dealers, Pet Breeders and Retail Pet Shops.

 "Pet dealer" is a person engaged in the ordinary course of business and sale to the public for profit of a companion animal described as being registered or being capable of being registered with an animal pedigree organization.

SC ST § 47-13-160(G)(1)

"Pet shop" means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the public.

SC ST § 47-13-160(G)(2)

"Pet breeder" means a person engaged in the business of breeding companion animals for profit. The term does not include a person who, not in the ordinary course of business, owns an animal which occasionally is bred or produces a litter from which animals are sold.

SC ST § 47-13-160(G)(3)

No pet dealer, pet shop, or pet breeder shall sell a registered companion dog or cat without providing to the purchaser a statement certifying that the dog or cat has received an infectious disease inoculation suitable for the specific animal's age and species.

Proof of vaccination must be provided to the purchaser at the time of sale.

The purchaser also must be provided with a copy of the "ELECTION OF OPTIONS."

SC ST § 47-13-160(A)

Illness:

If within 14 days following the sale and delivery of a registered companion dog or cat to a purchaser, a licensed veterinarian certifies the animal to be unfit for purchase due to a noncongenital cause or condition, a purchaser has the right to receive a remedy. 

SC ST § 47-13-160(B) OR

Congenital or Hereditary Condition:

If within 6 months, a licensed veterinarian certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a purchaser has the right to receive a remedy.

SC ST § 47-13-160(B)

If the purchaser is Entitled to Remedies, the purchaser may choose from one of the following:

1. Return, Refund, and Reimburse: The right to return the animal and receive a refund of the purchase price, including sales tax, and reimbursement of the veterinary fees incurred before the purchaser's receipt of the veterinary certification.

SC ST § 47-13-160(B)(1)

2. Retain and Reimbursement: The right to retain the animal and to receive reimbursement for veterinary fees incurred before the purchaser's receipt of the veterinary certification and the future cost of veterinary fees to be incurred in curing or attempting to cure the animal. 

SC ST § 47-13-160(B)(2)

3. Return, Exchange, and Reimburse: The right to return the animal and to receive in exchange an animal of the purchaser's choice, of equivalent value, and reimbursement of veterinary fees incurred before the purchaser's receipt of the veterinary certification.

SC ST § 47-13-160(B)(3)

In the event of death:

1. Refund or Exchange and Reimburse: The right to receive a full refund of the purchase price, including sales tax, for the animal or, in exchange, an animal of the purchaser's choice of equivalent value, and reimbursement of veterinary fees incurred before the death of the animal if the death occurs within fourteen days of the date the purchaser takes possession. SC ST § 47-13-160(B)(4)

The purchaser will not be eligible for remedies under this statute if:

The purchaser does not deliver, upon 5 days of receiving the certificate, the veterinarian's certificate of unfitness.

SC ST § 47-13-160(C)

Death occurs by accident or injury sustained within fourteen days of the date the purchaser takes possession.

SC ST § 47-13-160(B)(4)

The seller prevails in court.

SC ST § 47-13-160(F)

South Dakota
Tennessee
Texas
Utah
Vermont

Dogs or Cats

This act covers Pet Dealers.

"Pet dealer" means any person, firm, partnership or corporation, or a representative or agent, who engages in the sale of more than one litter of animals per year or two or more animals over six months of age to consumers for monetary consideration. Breeders of animals who sell animals to the public are included in this definition; except that duly incorporated humane societies or animal shelters which make animals available for adoption are exempt.

20 V.S.A. § 4301(3)

Every pet dealer who sells an animal to a consumer shall provide the consumer at the time of sale with the written form prescribed by the commissioner. The notice may be included in a written contract, an animal history certificate or other separate document.

20 V.S.A. § 4302(c)

2-4 Vt. Code R. § 308:III-3 details the pet dealer's required disclosures.

Illness or Presence of Signs of Contagious or Infectious Disease:

If within 7 days following the sale of an animal a veterinarian of the consumer's choosing certifies the animal to be unfit for purchase due to illness or the presence of signs of contagious or infectious disease, the consumer has a right to remedies.

20 V.S.A. § 4302(a) or

Congenital Malformation or Hereditary Disease:

If within 1 year following the sale of an animal the veterinarian certifies the existence of congenital malformation or hereditary disease, the consumer is entitled to remedies.

20 V.S.A. § 4302(a)

If the consumer is entitled to remedies, the consumer may choose from one of the following remedies:

1. Return and Refund: The right to return the animal and receive a full refund of the purchase price, including sales tax, and reasonable veterinary fees related to certification under this section.

20 V.S.A. § 4302(a)(1)

2. Return, Exchange, and Reimburse: The right to return the animal and receive an exchange animal of the consumer's choice of equivalent value, and reasonable veterinary costs related to certification under this subsection;

20 V.S.A. § 4302(a)(2)

3. Retain and Reimburse: The right to retain the animal and receive reimbursement from the pet dealer for reasonable veterinary service for the purpose of curing or attempting to cure the animal. In no case shall this service exceed the purchase price of the animal.

20 V.S.A. § 4302(a)(3)

A consumer will not be entitled to remedies under this statute if:

The consumer fails to present the pet dealer with a signed veterinarian's certification that the animal was unfit for purchase within business days.

20 V.S.A. § 4302

A veterinarian finds intestinal parasites.

20 V.S.A. § 4302(a)(1)

An injury or illness was sustained subsequent to the consumer taking possession of an animal.

20 V.S.A. § 4302(a)(1)

The consumer prevails in court.

20 V.S.A.§ 4303

Virginia

Dogs or Cats that are described by the pet dealer as being registered or capable of being registered.

This act covers Pet Dealers.

“Dealer” means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier; or (ii) any person whose primary purpose is to find permanent adoptive homes for companion animals. VA ST § 3.2-6500

If the animal is represented as being registered or capable of being registered with any animal pedigree registry organization, the pet dealer must provide the animal history certificate at the time the consumer takes possession of the dog or cat. Additionally, within 120 days following the sale of the animal, the pet dealer must either provide the consumer with the documents necessary to register the animal or effect the registration of the animal.

VA ST § 3.2-6512

A pet dealer shall give written notice of consumer remedies to the consumer prior to the delivery of the dog or cat that is described as being registered or capable of being registered.

VA ST 3.2-6515

Unfit for Purchase:

Within 10 days following receipt of an animal described as being registered or capable of being registered with any animal pedigree organization and subject to this chapter, a licensed veterinarian certifies such animal to be unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease, then the pet dealer shall afford the consumer remedies.

VA ST § 3.2-6514(A)

Failure to Effect Registration:

Within 120 days following the date of sale.

VA ST § 3.2-6516

If the animal is Unfit for Purchase, the consumer may be entitled to one of the following:

1. Return and Refund: The right to return the animal and receive a refund of the purchase price including sales tax; or

2. Return and Exchange: The right to return the animal and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer.

VA ST § 3.2-6514(A)

If the Pet Dealer Fails to Effect Registration, the consumer may be entitled to one of the following:

1. Return and Refund: To return the animal and to receive a refund of the purchase price plus sales tax; or

2. Retain and Refund: To retain the animal and to receive a refund of an amount not to exceed 50 percent of the purchase price and sales tax.

VA ST § 3.2-6516

A consumer will not be entitled to remedies under this statute if:

A veterinarian finds intestinal parasites unless the animal is clinically ill due to such condition.

VA ST § 3.2-6516(C)

An animal sustained an injury or contracted an illness subsequent to the consumer taking possession thereof.

VA ST § 3.2-6516(C)

Washington
West Virginia
Wisconsin
Wyoming
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