Lemon Lat Act, Lemon Law

Puppy Lemon Law - Pennsylvania

The PA Federation of Dogs Clubs has been working for more than 6 years to get this proposal enacted, but has met stiff opposition from organized commercial kennels. Many compromises have had to been made including the length of time in which problems can be found and the fact that the proposal will only apply to licensed kennels. Obviously this allows uneducated backyard breeders off the hook despite their contributions to the problem of ill-bred puppies.

Pros: brings accountability to a state with far more than its share of commercial kennels (i.e. puppy mills).

Cons: time limit to find hereditary or congenital problems too short, made necessary by political power of commercial kennels.

* Applies to: licensed kennels (anyone handling more than 26 dogs in a year is required to be licensed).
* Contagious or Infectious Disease: 10 days
* Congenital or Hereditary Defects: 30 days
* Failure to Produced Advertised Registration Papers: within 120 days or refund 50% of purchase price
* Replacement: yes
* Refund: yes, excluding sales tax
* Reimbursement of Veterinary Expenses to Treat Dog: yes, up to the purchase price of the dog excluding sales tax

PENNSYLVANIA update— Puppy Lemon Law Public Notice

This notice shall be conspicuously posted in the place of business of persons subject to this section as enforced by the Pennsylvania Office of Attorney General. This disclosure of rights is a summary of Pennsylvania Law.A written notice setting forth the rights provided under Section 9.3 of the Unfair Trade Practices and Consumer Protection Law shall be provided to you at the time of the sale. A civil penalty of up to $1,000 shall be levied for each violation in addition to any other penalty under this act.
1. A seller shall provide you with a health record for the dog at the time of sale. The health record must contain information as required by the Law.

2. The seller shall provide a health certificate issued by a veterinarian within 21 days prior to the date of sale OR a guarantee of good health issued and signed by the seller. The health certificate and the guarantee of good health must contain information as required by the Law.

3. To preserve your rights under the Law, you must take your newly purchased dog to a licensed veterinarian for examination within 10 days of purchase. If a veterinarian determines, within 10 days of purchase, that your dog is clinically ill or has died from an injury sustained or illness likely to have been contracted on or before the date of sale and delivery, you have the following options:

(a) Return the dog for a complete refund; (b) Return the dog for a replacement dog of equal value; OR (c) Retain the dog and receive reimbursement for reasonable veterinary fees, not exceeding the purchase price.These options do not apply where a seller, who has provided a health certificate issued by a veterinarian, discloses in writing at the time of sale the health problem for which the buyer later seeks to return the dog.

4. If, within 30 days of purchase, a licensed veterinarian determines that your dog has a congenital or hereditary defect which adversely affects the animal’s health or that your dog died from a congenital or hereditary defect, you have the same options as outlined in Section 3 (above).

5. Within 2 business days of a veterinarian’s certification of your dog’s illness, defect or death, you must notify the seller of the name, address and telephone number of the examining veterinarian. Failure to notify the seller within 2 business days will result in forfeiture of rights.

6. Refunds or reimbursements shall be made no later than 14 days after the seller receives the veterinarian certification. Veterinarian certification shall be presented to the seller not later than 5 days after you receive it.

7. Registerable Dogs — If the seller does not provide within 120 days all documentation to effect registration,you may exercise one of the following options:
(a) Return the dog and receive a full refund of the purchase price; OR (b) Retain the dog and receive a 50% refund of the purchase price.

8. If registerable, the seller shall provide at the time of sale: the breeder’s name and address, the name and registration number of the dam and sire, and the name and address of the pedigree registry organization where the dam and sire are registered.
For further information concerning your rights under Section 9.3 of the Unfair Trade Practices and Consumer Protection Law contact:

Pennsylvania Office Attorney General
Mike Fisher
Consumer Protection Hotline
1-800-441-2555

Source: www.malteseonly.com



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Posted on Thursday, March 12th, 2009 at 7:04 am under Pennsylvania Lemon Law | RSS 2.0 Feed

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