Florida Pet Lemon Law
Florida has one of the most far-reaching pet buyer protection laws in
the nation. The law applies to both cats and dogs, and it requires
vaccinations and examinations for animals prior to sale.
In summary, it provides that a pet dealer may not knowingly
misrepresent the breed, sex, or health of any dog or cat offered for
sale within the state.
The definition of a pet dealer is explicitly written to include
active hobby breeders. A pet dealer is definied as anyone who sells more
than 2 litters or 20 dogs per year, whichever is greater.
Consumers have 14 days to document contagious or infectious disease
and a full year to document congential or hereditary defects. There is
no penalty for failure to produce advertised registration papers.
The law provides for replacement plus reimbursement for veterinary
expenses related to certifying the illness, up to the price of the dog.
If a dog is proven ill or defect, consumers may demand a refund or
replacement plus reimbursement of veterinary expenses up to the price of
the dog.
The state's tough law makes it potentially very expensive to sell ill
or defective pets in Florida. Consider the scenario where a puppy is
sold for $150 and has its hips evaluated within 1 year. The x-rays could
run up to $150. If they turn up definite hip dysplasia, the seller may
have to provide either a refund or replacement, plus cover the $150 for
the x-rays.
It is the consumer's right to receive a certificate of veterinary
inspection with each dog or cat purchased from a pet dealer. Such
certificate shall list all vaccines and deworming medications
administered to the animal and shall state that the animal has been
examined by a Florida-licensed veterinarian who certifies that, to the
best of the veterinarian's knowledge, the animal was found to have been
healthy at the time of the veterinary examination.
In the event that the consumer purchases the animal and finds it to
have been unfit for purchase, the consumer must notify the pet dealer
within 2 business days of the veterinarian's determination that the
animal was unfit.
The consumer has the right to retain, return, or exchange the animal
and receive reimbursement for certain related veterinary services
rendered to the animal, subject to the right of the dealer to have the
animal examined by another veterinarian.
The state attorney may bring an action to enjoin any violator from
being a pet dealer. Violations are a first-degree misdemeanor.
County-operated or city-operated animal control agencies and
registered nonprofit humane organizations are exempt from this section.
From the
ConsumerAffairs.com website |