Thursday, January 6, 2011

Dog Lemon Law in California

In spite of providing brief dog lemon laws below, broken down by state, we choose to create this post specifically for dog lemon law in CA. The "California Puppy Lemon Law", despite the name, is not limited to small dogs or puppies. It covers cats as well as dogs, and there are no age-related parameters. The California Puppy Lemon Law basically pertains to the California Health and Safety Code. It specifically concerns itself with a cat or dog's health at the time of purchase.

In essence, California Codes Health And Safety Code Section 122125-122220 defines the term 'pet dealer' of cats and dogs. Section 122125 states that this is a person who sells animals on a retail basis. CA dog lemon law also states that a dealer requires an official permit for such a business. Further sections define that a 'purchaser' is any person who buys a pet from a dealer without intending to resell it.

A dealer is required to ensure that healthy animals are kept separately from those that are sick. In other words, there should be no doubt in a purchaser's mind that the pet purchased is healthy.

The California Puppy Lemon Law further states that a seller must make a purchaser aware of the benefits of neutering and spaying pets. The purchaser must be given written material supporting this. The dealer should additionally offer incentives for such procedures.

Further, the dealer must give documentation of every animal's heritage - the name and address of the breeder or broker. The purchaser must also be given the animal's date of birth and a vaccination/immunization/surgical record. The buyer is also supposed to receive a clear statement of any disease that the animal is suffering from at the time of purchase.

Under CA dog lemon law, the dealer is legally liable if:

o The dealer has failed to maintain the specified health standards.

o A licensed veterinarian states in writing that the animal fell sick within 15 days of purchase.

o A licensed veterinarian states in writing within a year of purchase that the animal has a congenital or hereditary disease that requires extensive hospitalization, and from which recovery is doubtful.

Tuesday, July 20, 2010

Dog Lemon Law Rules

All over the country, pet stores are increasingly being frequented by consumers. People are enticed into buying dogs from stores, especially when they see how cute the dogs are. However, there are many cases where, upon bringing home the dog, the owner discovers that it is weak or has an inborn sickness. Thanks to the dog lemon laws, it is now possible to take the dog back to the store for a replacement. Dog lemon laws are pieces of legislation that protect the consumer rights of people who buy defective dogs from stores. Because of the unnatural and often crowded environment where the dogs are being raised, most store-bought dogs end up contracting illnesses from each other.

If you find that you have bought an infected dog, or if your dog died, you may return it to the store within two weeks to get a replacement or a refund, according to most dog lemon laws. In the case of inborn sickness, dog lemon laws allow the owner to bring the dog back after 12 months.

Dog lemon laws will give you some time to restore your dog's health. You have to care for your dog, but the dog lemon laws mandate that all veterinary expenses are to be shouldered by the dog store owner. There is, however, a maximum amount that the seller has to bear, and the exact amount varies with each state's dog lemon laws.

Dog lemon laws explicitly list several conditions that are not covered by the law. For example, if you have been informed of the dog's illness at the time that you bought it, you will not be qualified to file claims under the dog lemon law. Moreover, worms and other parasites are not covered by the dog lemon laws, as these are not considered to be a critical condition. Dog lemon laws also do not cover injuries sustained by the dog due to maltreatment or abuse. Illnesses acquired because of an owner's negligence are also not covered by the dog lemon laws. Dog lemon laws are fairly new, and right now, there are less than 20 states that have dog lemon laws. Further, most of these states only have dog lemon laws that apply to dogs. The dog lemon laws in each state vary quite a bit so you have to be familiar with the dog lemon laws in your particular state. State specific dog lemon laws are listed below, in our first post. You may also visit our site sponsors for more info.

The best way to avoid ending up with a sick dog is to ask the store owner to tell you everything you need to know about the dog before you buy it, particularly its past illnesses. Since there are many sellers who do not give this information, you really should be familiar with dog lemon laws in your area. For more info on dog Lemon Laws, visit our site sponsored ads. You may also visit Know Lwmon Law.

Sunday, June 20, 2010

Dog Lemon Laws - State Specific

Dog lemon law protects, offially known as pet lemon law, protects people who purchase dogs and cats from pet stores or commercial breeders. Seventeen states have dog lemon laws in place. Dog lemon laws in other states are pending. I will address each state's guidelines for dog lemon laws below. State Dog lemon law generally involve the following:

>Hereditary and Congenital Conditions

>Replacement and Refund Policies

>Public Notice on Rules

>Medical Testing of Pets

The Humane Society of the United States has created a database to allow pet owners to see if dog lemon laws have been proposed or are currently under consideration in their state. Read on for state specific dog lemon laws. We update our blog often.

Arizona Dog Lemon Laws - Title 44, Chapter 11, Article 17 of the Arizona RevisedStatutes "Pet Dealers" section. Covers contagious or infectious
diseases for 15 days; congenital or hereditary defects are covered for up to 60 days.

Arkansas Dog Lemon Laws - Section 4-97-105 of the Arkansas Code. Applies to dogs and cats only. Health problems are covered for 10 days.

California Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws
- 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 Dog Lemon Laws
- 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 Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws - Article 35-D Section 753 of the General Business Law. Health conditions in dogs and cats are covered for 14 days.

Nevada Dog Lemon Laws - 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 Dog Lemon Laws - Contagious or Infectious Diseases are covered: 10 days; Congenital or Hereditary Defects: 30 days

South Carolina Dog Lemon Laws - 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 Dog Lemon Laws - 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 Dog Lemon Laws - 3.1-796.80. Health problems are covered for 10 days. Must return the pet to recieve refund or exchange.

Dog lemon laws in other states are pending. Please visit our blog often and visit site sponsors for dog lemon law attorneys and other resources.