Consumers are protected by Pennsylvania's Puppy Lemon Law
The Pennsylvania Dog Purchaser Protection Act, also known as the Pennsylvania Puppy Lemon Law, is legislation that protects the state's consumers against the practices of unscrupulous dog breeders and resellers. Consumers can use the act's provisions to address problems encountered when purchasing a dog in the state of Pennsylvania.
History
On June 25, 1997, then-Pennsylvania governor Tom Ridge signed Pennsylvania's Dog Purchaser Protection Act into law. The act is an amendment to the Pennsylvania Unfair Trade Practices and Consumer Protection Law of 1968. The Puppy Lemon Law became effective on August 25, 1997.
Purpose
The Dog Purchaser Protection Act lists the responsibilities of breeders, sellers, and consumers relating to the sale and purchase of dogs in the state of Pennsylvania. The Puppy Lemon Law establishes specific guidelines pertaining to health records, health certificates, and veterinarian certification. The duty of enforcing the Dog Purchaser Protection Act falls to the Pennsylvania Attorney General's Bureau of Consumer Protection.
Seller Responsibilities
Sellers must conspicuously post a notice of consumer's rights contained in the Puppy Lemon Law and must provide a written copy of those rights to anyone actually purchasing a dog. The seller must provide a health record for the dog at the time of sale. Additionally, the seller must provide a health certification or written guarantee to the buyer. If the dog is registrable, the seller must provide information about the breeder, the registration of the dam and sire, and the pedigree organization where they are registered.
Consumer Responsibilities
Buyers must take newly-purchased dogs to a state licensed veterinarian within 10 days of purchase to protect their rights under the Dog Purchaser Protection Act. If the dog dies or is found to have a certified illness or defect, buyers must notify the seller immediately with the veterinarian's name, address, and telephone number. Buyers must provide the veterinarian's certification to the seller within five days of receiving it. If the seller wants to contest the findings, they can require the buyer to present the dog for examination by their own veterinarian. In this event, the consumer must produce the animal within two business days of receiving the request.
Consumer Rights
Pennsylvania's Puppy Lemon Law provides consumers with various rights, depending on the specific problem they have with their new dog. If the new dog dies or is determined to be ill by a licensed a veterinarian within 10 days of purchase the buyer may choose one of the following remedies: return the dog to the seller for a complete refund; return the dog for a replacement of the same value; or keep the dog and be reimbursed for the cost of veterinarian bills up the original cost of the dog.
These same remedies apply in the case of congenital or hereditary defect. However, the buyer has 30 days to make a claim in the event of such defect. If the new dog is registrable, the seller has 120 days to provide the buyer with all the documentation needed to accomplish the registration. If the seller fails to provide the documentation in a timely manner, the buyer has two options: return the dog to the seller for a complete refund or keep the dog and receive a 50 percent refund of the purchase price.
In addition to these remedies, sellers that fail to comply with the Dog Purchaser Protection Act face fines of up to $1,000.
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