People buying a dog or cat in Florida will now be protected against unscrupulous pet breeders and dealers.
Many states have limited pet lemon laws, but Florida offers a comprehensive approach to pet buyer protection laws. Called the Pet Lemon Law, it applies only to dogs and cats. This law aims to protect consumers against unscrupulous pet dealers and breeders, and those who knowingly sell unhealthy animals, or animals that have not been vaccinated against certain diseases.
Qualifying Animals and Dealers
The Florida pet lemon law applies to cats and dogs bought from anyone who sells more than two litters or 20 dogs or cats each year, according to Consumer Affairs.com. This includes hobby breeders, who may raise animals in their home, and breeders who sell directly to consumers, as well as to pet stores. Animal control agencies and registered nonprofit humane societies are exempt from the law.
Law Requirements
All dogs and cats sold under this law must have a certificate of veterinary inspection. This certificate must list all the vaccines and medications given to the animal. It must also state that a veterinarian who is licensed in Florida has examined the animal and found it to be healthy. The Florida Division of Animal Industry requires that all dogs sold in Florida must have received vaccines for certain diseases, including canine distemper, leptospirosis, canine parvo, rabies (if over three months old) and roundworm. All cats sold must be vaccinated against certain diseases, including feline viral rhinotracheitis, rabies, (if over three months old), hookworm and roundworms. A copy of the inspection certificate must be given to the buyer.
If a Pet Becomes Ill
The Florida law covers animals that become ill within 14 days of sale. If the animal becomes ill in this period, the buyer must take the animal to a licensed veterinarian to certify that the animal was not fit for purchase. Buyers also have one year from the date of sale to document an animal that has become ill with a congenital or hereditary disease. Once the veterinarian has certified that the animal is ill, the buyer has two days to notify the pet dealer. The buyer can then return the animal for a refund of the purchase price and any veterinarian expenses, exchange the animal and receive a reimbursement of any veterinarian expenses, or keep the animal and receive a reimbursement of any veterinarian expenses.
Misrepresenting an Animal
Under the Florida Pet Lemon Law, it is also illegal for a dealer to knowingly misrepresent the sex or breed of a dog or cat. Buyers who discover within one year of purchase that the sex or breed of their pet was misrepresented may also request a refund or replacement, as well as reimbursement of any veterinary expenses related to the misrepresentation.
Refund or ExchangeTime
Pet dealers have 10 days to make the refund or exchange, or to contest the demand by the buyer. If the dealer contests the demand for a refund or exchange, the buyer must allow the animal to be examined by a veterinarian of the dealer's choice. If, after this exam, the dealer and buyer still cannot reach an agreement, the buyer may sue the dealer in court. The state attorney's office may also charge dealers who violate the law with a first-degree misdemeanor.
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