California laws protect buyers of sick puppies.
If you purchase a sick dog (or cat) from a pet dealer in California, state laws provide you with rights and remedies similar to consumer rights under vehicle "lemon" laws. But unlike the purchase of a defective car, buying a sick pet causes heartbreak along with the monetary loss. California's pet lemon laws were enacted in 1995 and are contained in the Polanco-Lockyer Pet Breeder Warranty Act. These laws can make it very expensive for dealers who sell ill and defective dogs in California, states ConsumerAffairs.com.
Sellers
All pet dealers and breeders in California are subject to the state's pet lemon laws. California Health & Safety Code Section 122045(b) covers any business or individual who sells dogs or cats, except for unlicensed hobby breeders who sold fewer than two litters or 20 dogs in the year preceding a complaint.
Notice of Rights
When you buy a pet in California, the seller must give you a written notice called a Statement of California Law Governing the Sale of Dogs. This notice informs buyers of their rights when they believe they were sold a dog that is "unfit for purchase." Health & Safety Code Section 122100 sets out the exact wording of this notice and also requires the buyer to acknowledge in writing that he has reviewed it.
Veterinarian's Report
Before the buyer of a sick pet can choose remedies under the puppy lemon law, a licensed veterinarian must issue a written diagnosis of the animal's medical condition. A pet is "unfit for purchase" if the veterinarian states that within 15 days after taking possession, it became sick because of an illness that existed on or before the dealer delivered the dog. Health & Safety Code Section 122070(a) also applies to a congenital or hereditary condition that adversely affects the dog, requires hospitalization or surgery and was diagnosed within one year.
Buyers' Remedies
Once a buyer of a sick pet has received the vet's written statement, she has a choice of three remedies under Health & Safety Code Section 122070(a): The dog may be returned to the seller for a refund of the purchase price, plus sales tax and reasonable veterinary fees (not more than the sale price); the buyer may opt to exchange the sick dog for one of the same value, plus reimbursement for vet's fees; or she can retain the dog and receive reimbursement of vet fees in an amount no greater than 150 percent of the purchase price.
Buyers' Responsibilities
Buyers are required to notify the seller of a sick dog within five days after learning of the vet's diagnosis, under Health & Safety Code Section 122080. The seller can request the buyer to produce the dog for examination by the seller's vet of choice and has a right to contest the claim. If the seller does not contest, he must reimburse the buyer of the sick pet within 10 business days after receiving the vet's statement. Contested claims may be filed in court.
Penalties
A dealer who knowingly sells a dog in California that is ill or has a condition requiring hospitalization or nonelective surgical procedures is subject to penalties under Health & Safety Code Section 122060 that range from up to $1,000 for a first offense to $10,000 for a fifth offense. In addition to fines, the seller may be prohibited from selling dogs for periods from 30 days to one year.
Related posts
Puppy "Lemon Laws" in Pennsylvania help protect consumers.The Puppy Lemon Law, enacted in Pennsylvania in 1997, is a consumer protection measure covering the purchase of dogs from breede...
Puppy lemon laws in New Jersey are designed to protect consumers from fraud.Purchasing a puppy or dog from a pet store, a kennel, or from a breeder can be risky, particularly if the seller fails t...
Several states have enacted consumer protection laws regarding the purchase of pet animals, which are generally referred to as "pet lemon laws." These laws provide legal recourse to peop...
In Indiana, a puppy has to be eight weeks old before it can be sold.Dog "lemon laws" makes it illegal to sell a dog that's unhealthy or has serious birth defects. It also gives buyers th...
Consumers are protected by Pennsylvania's Puppy Lemon LawThe Pennsylvania Dog Purchaser Protection Act, also known as the Pennsylvania Puppy Lemon Law, is legislation that protects the state's con...
