Pet lemon laws: Would you trade Fido in for a better model?
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A dog breeder in Central New York has been ordered by the Attorney General's office to repay customers $30,000 in restitution. Her crime: Selling "lemons" primarily, in the form of miniature Schnauzers.
Dozens of dog owners filed claims against Rocky's Canine Connection, in Jordan, N.Y., for the thousands they spent at the vet trying to keep their new puppies alive. And now, the AG has cleared the way for them to recoup at least some of their expenses.
Few realize the state of New York has a pet lemon law. Here's how it works.
You have to buy your dog or cat from a breeder or pet store that sells more than 9 animals a year. If your animal comes down with an infectious or contagious disease within the first 14 days since you've brought it home, your breeder must pay for all vet bills. If the worst happens, and the animal dies, the breeder is responsible for either refunding your purchase price, or giving you a new pet. If they refuse, you can file a claim with the Attorney General's office.
Reputable breeders and pet stores will inform customers of the lemon law, or have signage explaining how it works. If not, make sure to ask before bringing Fluffy or Fido home.
Got a pet story to share? Want to sound off about the pet lemon law? Let us know what you think.
Reader Comments (Page 1 of 1)
10-22-2009 @ 2:40PM
Michele C. Hollow said...
People should first go to a shelter to find a dog. If you really want a specific breed, then contact petfinder.com. They will direct you to a breed specific rescue club or find a shelter that has a pure breed dog.
By purchasing dogs and cats at stores, you are supporting puppy/kitty mills. If you go the breeder route, please check out the facility. See the other dogs and watch how the breeders handle the dog or cat.
Thanks,
Michele C. Hollow
petnewsandviews.com
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10-22-2009 @ 2:46PM
Donovansdanes said...
These pet lemon laws are wonderful. It affords some protection for consumers. But to be honest. As cute and cuddly as your new companion may be. Pet ownership is not only a responsibility, but in some cases be very costly. Just because your new pet is perfectly healthy when you first bring it home. By no means, should a pet owner assume its not going to cost you money to maintain its health and wellbeing. As you can tell by my name. I'm a Great Dane owner, and have had Danes for 30 years. Now even though I have been lucky enough that any of the pups I purchased were perfectly healthy as puppies. I've had a few over the years that became very ill, after 2 years of age. And this can happen with any breed/pet. Most people know to take a new pet to their vet within 48 hours, and have a complete medical exam performed. And don't forget about having your new puppy checked for Hip Dysplasia. A simple fairly inexpensive x-ray is all thats needed.
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12-23-2009 @ 3:35PM
shylas boxers said...
2 things:
1: ide like to clear up a misconception of the term "dealer" under ny state puppy lemon law a dealer is any "store or kennel, person ect" which sells more than 9 dogs per year. however an individual can breed and sell up to 25 animals per year in their primary residence (ie their home) and not be considered a "dealer" according to this law. so lets just say you sign a contract with someone who breeds more than 9 but less than 25 you assume because this seller has sold more than 9 pups that year hes a breeder if he is doing it in his residence this is not the case and puppy lemon law does not apply. he or she can make you sign a contract with rediculous stipulations like you have to have your vet check the animal within say 2 or 3 days of purchase or contract is null and void. and when you sign it your agreeing to his terms unlike a dealer (who can put this in his contract although its not enforcable because the puppy lemon law supercedes it) what you sign is your agreement and you have no recourse. also keep in mind if they have multiple adult dogs they may breed far more than 25 a year but not claim them to the state and become a licenced dealer. so other than going back to akc (or whatever the cat version of this club is) and obtaining a record of how many dogs hes recieved paperwork for. you really have no idea how many animals he or she actually sells.
and secondly the statement
"if your animal comes down with an infectous or contagious disease within the first 14 days since you brought it home,your breeder must pay for all vet bills" what is omitted here is seller is responsible to pay for all vet bills up to but not exceeding the cost of the animal, only if you chose to keep the animal. so dont read this and think that if you buy a 400 dollar pup and run up a 1800 dollar vet bill the seller is gonna pay the whole bill. hes only obligated to pay up to the value of the puppy.
if you chose to return the animal the seller must reumburse you for purchase(either cash or another pup of equal value this is the buyers choice not the sellers) however is only resposible for the cost of tests done relating to the determination that the animal is "not fit for sale". no "unreasonable" tests which do not relate to the condition which qualifies the pet as unsellable ie: congenital or infectious defects. seller is not responsible for any treatments if you are returning the animal. so basically if the dog is sick your best legal option is to take the dog back and get refund or replacement (ide take the refund if one dog is sick the odds are the whole litter could be. not always the case but moreso with an infectous disease). if you try a bunch of treatments that dont work and decide to take the dog back after you couldnt cure him the seller is not responsible for the treatments. only the sale price of the dog and tests to determine the dog was unfit for sale.
obviously the dog breeder in this case was repeatedly neglectfull and didnt even comply with the states puppy laws or the state wouldnt have went after them. and if they did they wouldnt have a leg to stand on legally. also notice it says "the ag has cleared the way for them to recoup some of their expenses" this is because the law not only protects the buyers but also the sellers i would bet the "some of the expenses" are whats required by the puppy lemon law up to the price of the pups and not the "all vet bills" which was stated in this article.
a person who breeds dogs at home is not always a bad breeder some would say they are better than kennels cause they are loving people who have their dogs in their house and not out in some cold kennel or even worse a cage outdoors or a barnfull of cages like some big puppy mills (do a search on why not to buy dogs at pet stores). of course there are exceptions like the backyard breeders who keep their mothers and pups outside in the elements chained or caged up.(my personal belief is that if you own a pet it should not be left outside and ignored until you decide to play with it or give it a pat on the head a cpl times a day when you go out to feed it or happen to be walking by) as with any other case you have to look at the enviroment and decide if they are genuinley loving pet owners or just someone that is in it for a cpl extra bucks. i personally would never buy from anyone who keeps thier dogs outside or in a kenel reguardless of what pedigrees they have a person who loves their pets like part of the family is more important in my opinion than alot of the reputable breeders who breed status symbols and dont interact with them on a deeply personal level. yes they may make great show dogs but does that mean they will make good socialized pets?
if a person who breeds at home tries to get you to sign a contract that isnt at least equal to the states puppy lemon law would be a big red flag for me. and ide be running out the door.
the puppy lemon laws are set up to protect both the buyer and the breeder
how would you feel if the seller said ohh you signed a contract that said you only had 3 days to return the dog. or worse an as is contract. at least if they agree to the puppy pet law your cover to the extent you would be if you bought them anywhere else.
on the flip side how would you feel if you sold someone a pup at a fair price and they came back and said they wanted to keep the pup but you should pay for all the vet bills and for example the vet bills totalled 4 or 5 times the price you sold the dog for? remember now the seller has given you the money back and u get to keep the dog. also a number of diseases can incubate in less than 14 days. so in a small number of cases the seller is stuck paying for a sick pup that wasnt sick or exposed until after the new owner got it.
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