What does the Pet Lemon laws say?


Unfortunately, the risk of purchasing an unhealthy animal from a
pet store is very high. Pet lemon laws give pet store customers
the right to return a sick or dead pet (most laws apply to dogs,
sometimes cats) for a refund or replacement.

Most also give customers the option of retaining the pet, having
it treated and getting some level of reimbursement for veterinary
expenses (the amount of reimbursement is usually limited to the
purchase price of the pet plus sales tax).

In most states, the owner has one to two weeks to return the
animal, with a certificate from a veterinarian stating that the
dog has a serious disease or congenital defect that was present
when the dog was sold. If the dog suffers from a congenital
disorder, the owner may have up to a year to return it to the pet
store and/or get a refund.

If the pet store refuses to refund or reimburse a customer within
a certain number of business days following receipt of the
veterinarian statement, the customer can file an action in court
to resolve the dispute. The prevailing party in the action is
usually awarded reasonable attorney fees if the other party acted
in bad faith in seeking or denying the requested remedy.

Pet stores do not have to pay reimbursements if the animal's
illness or death resulted from maltreatment, neglect, or injuries
that occurred after the sale; or if the veterinary statement
received at the time of sale discloses the disease or condition.

Parasites are not a qualifying illness for compensation in most
states.

Unfortunately, most lemon laws are written strictly with the
consumer in mind, with the attitude that the animals concerned
are merchandise. Nevertheless, these laws provide an incentive
for pet stores to obtain their animals from responsible sources,
rather than from puppy mills and similar outlets.





States with pet lemon laws:
Currently, 17 states have pet lemon laws:


Arizona - Title 44, Chapter 11, Article 17 of the Arizona Revised
Statutes "Pet Dealers" section. Covers contagious or infectious
diseases for 15 days; congenital or hereditary defects are
covered for up to 60 days.
Arkansas - Section 4-97-105 of the Arkansas Code. Applies to dogs
and cats only. Health problems are covered for 10 days.

California - The Polanco-Lockyer Pet Breeder Warranty Act (HEALTH
AND SAFETY CODE, SECTION 122045-122222). Covers contagious or
infectious diseases for 15 days; congenital or hereditary defects
are covered for up to 1 year. This lemon law is for dogs and cats
only.

Connecticut - Section 22-344b of the CT Code. Dogs and cats are
covered for health problems for 15 days. Reimbursements for
veterinary bills can not exceed two hundred dollars.

Delaware - Section 4005 of the DE Code. Covers contagious or
infectious diseases for 20 days; congenital or hereditary defects
are covered for up to 2 years. The animal can be either returned
for a full refund of the purchase price, exchanged, or retained.
Reimbursement for reasonable veterinary fees can not exceed the
original purchase price of the animal. Parasites are covered if
they make the animal clinically ill.

Florida - Florida State Statute 828.29. Covers contagious or
infectious diseases for 14 days; congenital or hereditary defects
are covered for up to 1 year.

Maine - Title 7, Part 9, Chapter 745: SALE OF DOGS AND CATS.
Covers contagious or infectious diseases for 10 days; congenital
or hereditary defects are covered for up to 1 year.

Massachusetts - 330 CMR 12.05. Health problems in dogs and cats
are covered for 14 days. Requires a refund or a replacement
animal - no veterinary bill reimbursement.

Minnesota - Section 325F.791 of the MN Code. Covers contagious or
infectious diseases for 10 days; congenital or hereditary defects
are covered for up to 1 year. This lemon law is for dogs and cats
only.

New Hampshire - Section 437.13 of the NH Code. Refunds or
substitutions for up to 14 days; does not cover vet bills.
Includes dogs, cats, and ferrets.

New Jersey - NJ Statute 56:8-93. Contagious or infectious
diseases are covered for 14 days; congenital or hereditary
defects are covered up to 6 months. The consumer has the right to
return the dog or cat and receive a full refund or replacement
plus reimbursement of veterinary fees; or retain the dog or cat
and receive reimbursement of veterinary fees plus the cost of
future veterinary fees.

New York - Article 35-D Section 753 of the General Business Law.
Health conditions in dogs and cats are covered for 14 days.

Nevada - Section 574.490 of the Nevada Code. Covers health
problems for up to 10 days. Provides refund of purchase price,
replacement of equal value, or reimbursement of vet bills, in an
amount not to exceed the purchase price of the pet.

Pennsylvania - Contagious or Infectious Diseases are covered: 10
days; Congenital or Hereditary Defects: 30 days

South Carolina - Section 47-13-160 of the SC Code. Covers
contagious or infectious diseases for 14 days; congenital or
hereditary defects are covered for up to 6 months. Pet store
liability for veterinary fees must not exceed fifty percent of
the purchase price, including sales tax, of the animal.

Vermont - 20V.S.A. sec. 4302. Covers contagious or infectious
diseases for 7 days; congenital or hereditary defects are covered
for up to 1 year.

Virginia - 3.1-796.80. Health problems are covered for 10 days.
Must return the pet to receive refund or exchange.





Find more Laws about Animals and Pets

Search our Site