Understanding Pet Purchase Protection: Shelters And The Law

In the US, animal protection laws can be enacted and enforced at every level of government, with most legislation happening at the state level. There are also a handful of federal animal protection laws.

Pet purchase protection laws, commonly known as puppy lemon laws, are one example of state-level animal protection laws. These laws are designed to protect purchasers by requiring sellers to disclose certain information about an animal that is offered for sale and providing purchasers with a remedy if they buy a diseased animal. As of 2023, 22 states have enacted such laws.

While these laws typically apply to pet stores and breeders, some states also include animal shelters and rescue groups in their scope. However, most existing pet purchase protection laws provide some kind of exemption for rescues and shelters, recognizing that these organizations often have limited information about an animal's history or pedigree.

It's important to note that the specific provisions of pet purchase protection laws can vary significantly between states, so it's always best to refer to the specific laws in your state.

What are pet purchase protection laws?

Pet purchase protection laws, also known as puppy lemon laws or pet lemon laws, are a form of consumer protection legislation designed to protect buyers of pets who later become sick or die from disease or defects. These laws are enacted at the state level, with 21-22 states currently having such laws in place. The laws require sellers to disclose specific facts about the pet, such as age, health status, medical history, vaccinations, and veterinary procedures. In some states, sellers must also provide a written document of the animal's medical history and disclose where the animal was sourced from.

Pet purchase protection laws typically apply to retail pet dealers and breeders, with transactions involving the buying, selling, exchanging, or offering for sale of companion animals. The laws require sellers to take action if a pet gets sick, develops a hereditary problem, or dies within a specified period, which can range from 7 to 25 days for disease-related claims and 10 days to 2 years for congenital or hereditary conditions.

Under these laws, buyers typically have three options if their pet becomes ill: return the pet for a full refund, exchange it for one of similar value, or keep it and receive reimbursement for qualifying veterinary expenses. The amount of veterinary fees reimbursed is usually capped at the purchase price of the animal.

In states without specific pet lemon laws, buyers' rights will depend on contract laws, which may only apply to merchants such as pet shops, breeders, or individuals who sell multiple litters of puppies each year. In these cases, the Uniform Commercial Code (UCC) may provide some protections, as it defines goods as moveable items that can be sold and includes an implied warranty of merchantability, meaning goods should be fit for their intended use.

Some states also have additional protections, such as requiring sellers to provide registration papers for purebred animals, and laws governing the sourcing of pets by retailers, with some states banning the purchase of dogs from puppy mills.

What are the seller's obligations?

The obligations of the seller depend on the state in which the sale is taking place. As of 2023, 22 U.S. States have enacted Pet Purchaser Protection Acts, commonly known as Puppy Lemon Laws. These laws require the seller to make certain disclosures about an animal that is offered for sale and afford the purchaser a remedy if a diseased animal is purchased from the seller.

For example, in Delaware and Rhode Island, the seller must provide the purchaser with a copy of the purchaser's rights either at the time of sale or upon the purchaser's request. In Arizona and Connecticut, sellers must have an animal examined by a licensed veterinarian before the animal is sold.

In California, retailers must give each pet buyer a written document of the animal's medical history and disclose where the retailer got the animal. In Ohio, any seller must inform the prospective buyer if the animal has ever attacked someone and must describe the event in detail to the buyer. They must also file the attack with the local board of health.

In Florida, pet buyers have 14 days to report infectious disease and one year to report hereditary defects for a cat or dog. In New York, pet buyers have 14 days to report infectious disease and 180 days to report hereditary defects for cats and dogs.

In general, the laws require the seller to take action if the dog gets sick, develops a hereditary problem, or dies within a specified period of time. In most states, owners have three options if their dog or cat gets sick:

• Return the pet for a full refund.
• Exchange the pet for one of similar value.
• Keep the pet and get reimbursed for qualifying veterinary expenses.

What are the buyer's rights and limitations?

The rights and limitations of buyers are determined by the type of seller and the state in which the purchase is made. In the US, animal protection laws can be enacted and enforced at every level of government, with most legislation happening at the state level.

Rights

If you buy an animal from a pet dealer or breeder, you are protected by your state's Uniform Commercial Code (UCC). The UCC deems pets as "goods", which come with an implied warranty of merchantability. This means that the pet should be fit for its ordinary purpose. If the animal is found to be unfit, the buyer has certain legal remedies. These include the right to:

• Return the animal and obtain a full refund
• Exchange the animal for another of equivalent value
• Keep the animal and obtain reimbursement for veterinary fees

Limitations

The above rights are limited by the type of seller and the state in which the purchase is made. For example, in some states, the above rights only apply to pet stores, while in others, they also cover the sale of an animal by breeders.

Additionally, buyers may be barred from a remedy for a number of reasons, including:

• Failure to notify the seller within a certain time frame about the veterinarian's diagnosis
• Failure to provide certain documents to the seller
• Illness or injury occurring after the purchase
• The presence of intestinal or external parasites in the animal
• Disclosure of the illness or hereditary/congenital condition at the time of purchase
• The seller prevailing in court

Furthermore, pet lemon laws do not apply to all types of animals. In most states, these laws only apply to dogs, while in others, they also cover cats.

It is important to note that pet lemon laws do not apply to purchases made online. In these cases, it may be difficult for courts to determine jurisdiction, and buyers should thoroughly research the seller's reputation before making a purchase.

What are the remedies available to the buyer?

The remedies available to the buyer depend on the state in which the purchase is made. As of 2023, 22 U.S. states have enacted Pet Purchaser Protection Acts, commonly known as Puppy Lemon Laws, which require the seller to make certain disclosures about an animal that is offered for sale and afford the purchaser a remedy if a diseased animal is purchased.

The remedies available to the buyer can include:

• Returning the animal and obtaining a full refund (and, in some states, obtaining reimbursement for reasonable veterinary fees).
• Exchanging the animal for another animal of equivalent value (and, in some states, obtaining reimbursement for reasonable veterinary fees).
• Retaining the animal and obtaining reimbursement for reasonable veterinary fees.

However, it is important to note that these remedies may be subject to certain limitations, such as time frames for seeking veterinary certification and notifying the seller, as well as specific provisions for congenital or hereditary conditions. Additionally, the remedies may vary depending on whether the animal was purchased from a pet store or a breeder, and the type of animal purchased.

Furthermore, it is worth noting that the buyer may also have certain common law remedies available, depending on the specific circumstances of the purchase.

What are the differences between state laws?

The differences between state laws regarding pet purchase protection are quite varied. As of 2023, 22 states have enacted Pet Purchaser Protection Acts, commonly known as Puppy Lemon Laws. These laws require sellers to make certain disclosures about an animal's health and history, and provide buyers with remedies if they purchase a diseased animal. However, the specific remedies available to buyers vary by state. For example, in Arizona, buyers have the option to return the animal and obtain a refund, exchange the animal for one of similar value, or retain the animal and receive reimbursement for veterinary fees. On the other hand, in Arkansas, buyers are only provided with a single remedy.

Additionally, the time frames for exercising purchaser remedies differ between states. Most states allow buyers a period of around two weeks to obtain a veterinarian's certification that the animal was unfit for purchase, but this period can range from as little as seven days to as long as a year in some states.

The types of animals covered by these laws also vary. While many states only include dogs or both dogs and cats in their Pet Purchaser Protection Acts, New Hampshire also includes ferrets.

Furthermore, the definition of "pet dealer" or "breeder" can differ between states, and some states exclude non-profit animal shelters and humane societies from the scope of their laws.

Lastly, state laws can also vary in terms of the specific disclosures required from sellers. For instance, California requires retailers to provide buyers with a written document of the animal's medical history and disclose where the animal was sourced, while Ohio mandates that sellers inform buyers if the animal has ever attacked someone and provide details of the attack.

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