Under New York
State law, consumers who purchase sick dogs or cats from commercial pet
stores or breeders are entitled to their choice of a refund, exchange,
or reimbursement of veterinary costs within 14 days of the sale or
receipt of the written consumer rights notice from the seller,
whichever occurs later.
Types of Illness
Dogs or cats which are certified by a licensed veterinarian as
"unfit for purchase" due to illness, hereditary deformities which
affect the animal's health, or a contagious or infectious disease, are
covered by this law. However, intestinal parasites are not grounds for
declaring the animal unfit for sale unless it is clinically ill due to
the condition. Also, an animal may not be found unfit for sale because
of an injury sustained or an illness contracted after the consumer took
possession of it.
Your Refund Rights
If the animal has been certified as "unfit for purchase," the dealer must offer the consumer:
(a) the right to return the animal and receive a refund of the
purchase price including the sales tax and "reasonable" vet's costs for
examining and issuing the certificate that the animal is unfit for
purchase for one of the specific reasons prescribed by this law. Or:
(b) the right to return the animal and receive and exchange animal
of the owner's choice of equivalent value plus the "reasonable" vet's
costs as described in paragraph (a) above. Or:
(c) the right to retain the animal and receive reimbursement by the
dealer for the "reasonable" amount charged by a licensed vet of the
consumer's choosing for curing or attempting to cure the animal. Such
reimbursement cannot exceed the original sales price of the animal. It
cannot include any fee not related to the certification of the animal's
unfitness for purchase.
Time Limits Prescribed By Law
- The consumer must have secured a certification of unfitness for
purchase from the vet within 14 days following the sale or receipt of
the printed consumer rights notice which sellers are required to
provide, whichever occurs later.
- The consumer must present the vet's certification of unfitness to the dealer within 3 business days of receipt from the vet.
- The business must make the required refund or reimbursement no
more than 10 business days after receipt of the certification from the
consumer.
- A seller may contest the consumer's demand for a refund,
exchange or reimbursement by requiring the consumer to produce the
animal for examination by a licensed vet designated by the dealer.
After this examination, if the consumer and dealer cannot reach an
agreement on one of the options in (a), (b), or (c) above within 10
business days of the dealer's receipt of the animal for examination,
the consumer has the right to initiate a court action to obtain a
refund, exchange or reimbursement.
Sellers Must Provide Printed "Consumer Rights" Notice
The seller must provide a printed notice to the consumer at
the time of sale. This information includes, but is not limited to, a
description, including breed of the animal; the date of purchase; the
name, address and telephone number of the consumer; and the amount of
purchase. The dealer must certify this information by signing. This
notice may be contained in a written contract, animal history
certificate, or a separate document.
NYBBB0794
