Pet Warranties

Within 20 days for illness; or within 2 years for congenital defect that adversely affects or will adversely affect health

Purchaser may choose to return the animal for refund or replacement, or retain the animal and receive reimbursement for reasonable veterinary fees not exceeding the animal's purchase price or $500, whichever is more.

§ 4005 Purchaser remedies.

1. A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller, 1 of the following subdivisions becomes applicable.
   1. 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. Intestinal or external parasites shall not be considered to adversely affect an animal’s health unless their presence makes the animal clinically ill.
   2. 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.
2. A purchaser entitled to a remedy pursuant to this section may elect only 1 of the following remedies:
   1. 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.
   2. 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; or
   3. 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.
3. For purposes of this section, the veterinary fees shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition made by the veterinarian and the cost of such services is comparable to that charged for similar services by other licensed veterinarians in proximity to the treating veterinarian. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
4. Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser not later than 10 business days following receipt of the veterinarian’s statement required by § 4006 of this title, except in cases in which the entitlement to a remedy is contested pursuant to § 4008 of this title.

§ 4006 Purchaser’s obligations.

To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:

1. 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.
2. In the case of illness or disease, provide a written statement 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 that existed on or before delivery to the purchaser and that adversely affects the health of the animal. At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the seller’s choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or her veterinarian perform a necropsy, and all other provisions of this section shall apply.
3. The veterinarian’s statement required under this section shall include all of the following:
   1. The purchaser’s name and address.
   2. The date or dates on which the animal was examined.
   3. The breed and age of the animal, if known.
   4. That the veterinarian examined the animal.
   5. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.
   6. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

§ 4007 Limitations.

1. Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall be made under any of the following conditions:
   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.
   2. The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. However, this paragraph 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.
   3. The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.
   4. The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering the animal.
2. If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition which is the subject of the remedy requested pursuant to this chapter.

§ 4008 Contested cases.

1. In the event that a seller disputes a purchaser’s entitlement to a remedy under this chapter, the seller may, except in the case of the animal’s death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such examination shall be borne by the seller.
2. If, following examination of the animal by the seller’s chosen veterinarian, the purchaser and the seller are unable to reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.
3. The purchaser in any such legal action shall have the right to collect reasonable attorney’s fees and court costs if the opposing party acted in bad faith in seeking or denying the requested remedy.