Buying a Pet

BUYING A PET? KNOW THE LAW FIRST
For families or individuals considering buying a dog or cat, you should be aware that New Jersey’s consumer laws offer you some protection, and it’s good to know how the law works before you let a small, furry face capture your heart. The New Jersey Veterinary Medical Association urges prospective pet owners to choose carefully and recognize that when you bring an animal into your life, you are making a commitment to accepting responsibility for its health and welfare.

One of your new pet’s first experiences should be a visit to your veterinarian. It is sadly true that not all dogs and cats offered for sale are sound and healthy. If your dog or cat was purchased from a pet store or pet dealer, the law offers you certain protections, but you must have the animal examined by a veterinarian within 14 days of purchase and delivery in order to be fully protected.

A few definitions can be helpful:

• The law defines a pet store as a place of business that is not part of a kennel, which sells a variety of animals to individuals as pets, rather than for business or commercial purposes. The law, however, applies only to cats and dogs.

• A pet dealer is described as being in business to sell cats or dogs to the public for profit, or anyone who sells or offers for sale more than five dogs or cats in the course of a year. This provision covers both professional and “back yard” breeders. The law does not apply to an individual making a one-time sale of a pet or pets for personal reasons.

• The law defines “unfit for purchase” as a condition of “disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely contracted on or before the date of sale and delivery” of the animal. (The death of the animal within 14 days of delivery, except by accident or injury sustained during that period, also means the animal was unfit for purchase).

In order to have recourse under the law, a licensed veterinarian must certify the animal as “unfit for purchase” within 14 days of sale and delivery. However, even with an initial OK, should your animal become sick or die within 180 days of purchase, and a veterinarian certifies that the animal was unfit due to a congenital or hereditary cause or condition and became sick or died because of such a condition, you still have protection under the law.

What protections does the law provide if your pet has been certified as unfit for purchase? Basically, you can return the animal for an exchange or refund, or keep the animal. In all cases, the refund includes sales tax and veterinarian’s fees (including the cost of certification) incurred prior to certification. Should you decide to keep the animal, you also will be entitled to the costs of curing or attempting to cure your pet.

The law limits the amount of veterinarian’s fees you may receive. In the case of a pet store, the limit is twice the purchase price of the animal, including sales tax. In the case of a pet dealer, the limit matches the purchase price.

For more details on your rights under New Jersey’s Sale of Pets law, including the resolution of disputes with a seller, visit The New Jersey Veterinary Medical Association website at www.njvma.org and click on FAQs to download a brochure that explains the law, or contact the NJ Division of Consumer Affairs.