§ 4001 Definitions.

§ 4002 Information provided at time of sale.

§ 4003 Seller disclosure.

§ 4004 Record keeping.

§ 4009 Notice.

§ 4001 Definitions.

As used in this chapter, the following words shall have the meaning ascribed to them:

(1) "Clinically ill" means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing of the dog.

(2) "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of an animal or to correct a condition that would interfere with the animal's ability to walk, run, jump or otherwise function in a normal manner.

(3) "Purchaser" means any person purchasing a dog from a seller, as defined by this section.

(4) "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.

(72 Del. Laws, c. 293, § 1.)

6 Del.C. § 4001, DE ST TI 6 § 4001

§ 4002 Information provided at time of sale.

(a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following information:

(1) The date of the animal's birth, if known; the breeder's name and address, if known; and the date the seller received the animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide the name and address of the person who sold or gave the animal to the seller.

(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.

(3) If the animal is being sold as registrable, the names and registration numbers of the sire and dam, and the litter number.

(4) A record of any inoculations and worming treatments administered to the animal as of the time of sale, to the extent known, including dates of administration and the type of vaccine or worming treatment.

(5) A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession of the seller.

(72 Del. Laws, c. 293, § 1.)

6 Del.C. § 4002, DE ST TI 6 § 4002

§ 4003 Seller disclosure.

(a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided at the time of sale, which shall include:

(1) A statement by the seller:

a. That the animal has no known disease or illness, nor any known congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of such animal in the future; or

b. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of the animal in the future.

(b) If the animal has not received a veterinary examination prior to sale, this fact shall be disclosed to the purchaser in writing.

(72 Del. Laws, c. 293, § 1.)

6 Del.C. § 4003, DE ST TI 6 § 4003

§ 4004 Record keeping.

A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed pursuant to § 4002 and § 4003 of this title. Those records shall be available to animal control officers and law enforcement officers for inspection and copying during normal business hours.

(72 Del. Laws, c. 293, § 1.)

6 Del.C. § 4004, DE ST TI 6 § 4004

§ 4009 Notice.

(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. Such notice shall be in 100-point type and shall read as follows:

"Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request."

(b) Every seller shall, at the time of sale or upon the request of a prospective purchaser, provide a written notice of rights under this chapter. Such notice shall be signed by the purchaser and seller at the time of sale acknowledging receipt.

(c) Every seller of an animal sold with the representation that the animal is registered or registrable with a registry shall, in addition to the above notices, provide purchaser a written notice, signed by purchaser and seller at time of sale, which shall read as follows:

"A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."

(72 Del. Laws, c. 293, § 1.)

6 Del.C. § 4009, DE ST TI 6 § 4009

§ 4011 Misrepresentation as to registration or breed; remedies.

(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.

(b) In the event that 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.