NJ Puppy Lemon Law and Pet Purchasers' Rights   

Did you buy a sick puppy or kitten from a NJ pet shop, breeder, kennel or Internet seller?

Have you spent hundreds - or even thousands - of dollars to treat your sick pet?

Does your new pet have an ongoing medical condition requiring medication or surgery?

Do the "registration papers" and/or breeder information appear to be phony?

Consumers have legal rights under the New Jersey Pet Purchase Protection Act and if any of the above applies to you, you may be entitled to reimbursement!

Key Points

You don't have to return your puppy if he or she is sick.

If your puppy becomes sick or dies within 2 weeks after purchase, and you obtain a certificate of unfitness from your veterinarian, and you return the certification to the store within fourteen (14) days of receiving it, the store is obligated to reimburse you for the vet bills not to exceed double the purchase price.  

Pet shop owners cannot direct you to their supervising veterinarian unless they provide you with the names of at least three veterinarians.  To do otherwise is a conflict of interest and you may never get your certification of unfitness for the sick puppy. Don’t fall for the “free” first visit or lifetime vaccinations and wormings from the stores' vets.  This rule also applies to pet dealers other than pet shops!

Pet shop owners must give you the name and address of your puppy's breeder. It doesn’t matter if the puppy is a mixed breed (those so-called designer breeds that are not registerable) or if the puppy comes from a federally exempt hobby breeder (one who allegedly has fewer than 3 breeding females).

If you have questions or run into problems with any pet shop or puppy seller, contact us for assistance and we will refer you to the proper agencies that have jurisdiction over the pet store, breeder, puppy broker (reseller), Internet seller or so-called rescue.

What buyers MUST be given at the time of sale

Under the Division of Consumer Affairs Regulations (N.J.A.C. 13:34A-1, Subchapter 12, Sale of Animals) it is a deceptive practice for pet dealers to sell an animal within the State of New Jersey without an animal history and health certificate and without providing the consumer with a completed animal history and health certificate. The animal history and health certificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:

If your puppy was certified to be unfit for sale by a licensed veterinarian, you have the right to choose one of the following options:

1. Return your animal and receive a refund of the purchase price including sales tax; OR
2. Keep your animal and attempt to cure it; OR
3. Return your animal and receive an animal (of equivalent value) of your choice.

In the event that you choose to keep the animal, veterinary fees, including future fees, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to twice the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the pet dealer or the owner or operator of a pet shop.

New Pet Dealer Law now in effect as of January 17, 2012

http://www.nj.gov/oag/ca/adoption/dcaado_011712.htm

SUBCHAPTER 12. SALE OF ANIMALS

13:45A-12.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Pet shop" means a place of business for selling, offering for sale or exposing for sale dogs or cats.

13:45A-12.3 Required practices related to the health of animals and fitness for sale and purchase

(a) Without limiting the prosecution of any other practices that may be unlawful under N.J.S.A. 56:8-1 et seq., it shall be a deceptive practice for a pet dealer to sell animals within the State of New Jersey without complying with the following minimum standards relating to the health of animals and fitness for sale and purchase:

1.-5. (No change.)

6. If at any time within 14 days following the sale and delivery of an animal to a consumer, a licensed veterinarian certifies such animal to be unfit for purchase due to a non-congenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a consumer shall have the right to elect one of the following options:

i. The right to return the animal and receive a refund of the purchase price, including sales tax, plus reimbursement of the veterinary fees incurred prior to the consumer's receipt of the veterinary certification. The pet dealer's liability for veterinary fees under this option shall not exceed two times the purchase price, including sales tax, of the animal;

ii. The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinary certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal. The pet dealer's liability under this option shall not exceed two times the purchase price, including sales tax of the animal;

iii. The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees incurred prior to the consumer's receipt of the veterinary certification. The pet dealer's liability for veterinary fees under this option shall not exceed two times the purchase price, including sales tax, of the animal;

iv. In the event of the animal's death within 14 days of its delivery to the consumer due to a non-congenital cause or condition, or within six months after delivery to the consumer due to a congenital or hereditary cause or condition, except where death occurs by accident or injury sustained during either period, the right to receive a full refund of the purchase price plus sales tax for the animal, or in exchange an animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees incurred prior to the death of the animal. The pet dealer's liability for veterinary fees under this option shall not exceed two times the purchase price, including sales tax of the animal.

7. The pet dealer shall accept receipt of a veterinary certification of unfitness that has been delivered by the consumer within 14 days following the consumer's receipt thereof, such certification to contain the following information:

i.-ix. (No change.)

8. It shall be the responsibility of the consumer to obtain the veterinary certification of unfitness within the required amount of time provided by (a)6 above, unless the pet dealer fails to provide the notice required by (a)11 below. If the pet dealer fails to provide the notice required by (a)11 below, the consumer shall be entitled to the recourse provided for in (a)6 above.

9. When a consumer presents a veterinary certification of unfitness to the pet dealer, the pet dealer shall confirm the consumer's election in writing. The election shall be in the following form and a copy shall be given to the consumer upon signing:

UNFITNESS OF ANIMAL - ELECTION OF OPTION

I understand that, upon delivery of my veterinarian's certification of unfitness, I have the right to elect one of the following options. I am aware of those options and I understand each of them. I have chosen the following option:

1. Return of my animal and receipt of a refund of the purchase price, including sales tax for the animal, plus reimbursement of the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees shall not exceed two times the purchase price including sales tax of my animal.

2. Retention of my animal and reimbursement for the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness, plus the future cost to be incurred in curing or attempting to cure my animal. The total reimbursement for veterinarian's fees shall not exceed two times the purchase price including sales tax of my animal.

3. Return of my animal and receipt of an animal of my choice of equivalent value in exchange plus reimbursement of veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees shall not exceed two times the purchase price including sales tax of my animal.

4. DEATH OF ANIMAL ONLY. (check one) [] Receipt of a full refund of the purchase price, including sales tax for the animal, or in exchange an animal of my choice of equivalent value plus reimbursement of the veterinary fees incurred prior to the death of the animal. The reimbursement for veterinarian's fees shall not exceed two times the purchase price including the sales tax of the animal.

___________________________        ___________________________

Consumer's Name (Print)                   Consumer's Signature

___________________________

Date

___________________________          ___________________________

Pet Dealer's or Agent's Name (Print)     Pet Dealer's or Agent's Signature

(Indicate Title or Position)

___________________________

Date

10. (No change in text.)

11. A pet dealer shall give the following written notice to a consumer prior to the delivery of the animal. Such notice, signed by both the pet dealer and the consumer, shall be embodied in a separate document and shall state the following in 10 point boldface type:

KNOW YOUR RIGHTS -- A STATEMENT OF NEW JERSEY LAW GOVERNING THE SALE OF DOGS AND CATS

The sale of dogs and cats is subject to a regulation of the New Jersey Division of Consumer Affairs. In the event that a licensed veterinarian certifies your animal to be unfit for purchase within 14 days following receipt of your animal or within six months in the case of a congenital or hereditary cause or condition, you may:

i. Return your animal and receive a refund of the purchase price including sales tax; or

ii. Keep your animal and attempt to cure it; or

iii. Return your animal and receive an animal of your choice of equivalent value.

Veterinary fees limited to two times the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the dealer in the event that you choose to keep the animal. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to two times the purchaser price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the dealer.

Further, in the event of your animal's death within this 14-day period, except when death occurs by accident or as a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchase price, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to two times the purchase price, including sales tax must be paid by the pet dealer.

In order to exercise these rights, you must present to the pet dealer a written veterinary certification that the animal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of the certification. Both of these items must be presented no later than five days after you have received the certification of unfitness. In the event that the pet dealer wishes to contest the certification or the bill, he may request a hearing at the Division of Consumer Affairs. If the pet dealer does not contest the matter, he must make the refund or reimbursement not later than ten days after receiving the veterinary certification. Although your dog or cat is required to be examined by a licensed veterinarian prior to sale, symptoms of certain conditions may not appear until after sale. If your dog or cat appears ill, you should have it examined by a licensed veterinarian of your choice at the earliest possible time.

If the pet dealer has promised to register your animal or to provide the necessary papers and fails to do so within the 120 days following the date of sale, you are entitled to return the animal and receive a full refund of the purchase price plus sales tax or to keep the animal and receive a refund of 75 percent of the purchase price plus sales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer is no longer obligated to register the animal or to provide the necessary papers to do so.

12. A pet dealer shall maintain copies of all notices required pursuant to (a)11 above signed by both the pet dealer and the consumer, for at least one year from the date the notice was signed and shall ensure that such notices are readily available for inspection, upon request, by an authorized representative of the Division of Consumer Affairs.

Here are the DCA Proposals

http://www.nj.gov/oag/ca/proposal/dcapro_050211.htm

N.J.S.A. 56:8-92 et seq. regulates the sale of animals by "pet shops." Subchapter 12 contains requirements for the sale of animals by pet dealers. Pet shops are a subset of pet dealers. The Division is proposing an amendment to the definition of "pet shop" in N.J.A.C. 13:45A-12.1 to make clearer the difference between pet dealers and pet shops.

The Division proposes to amend Subchapter 12 to change the liability of pet dealers throughout the subchapter from "an amount equal to" the purchase price to "two times" the purchase price to make it consistent with the liability of pet shops under N.J.S.A. 56:8-92 et seq.

N.J.A.C. 13:45A-12.1 contains definitions of words and terms used in the subchapter.

N.J.A.C. 13:45A-12.2 details the animal history and health certificate and notices to be provided to a purchaser and sets forth certain practices and omissions that are deceptive practices in the conduct of the business of a pet dealer.

N.J.A.C. 13:45A-12.3 details required practices and disclosures for pet dealers related to the health of animals and their fitness for sale.

The Division proposes to amend N.J.A.C. 13:45A-12.3(a)6iv to add a remedy for consumers if an animal dies within six months due to a congenital or hereditary cause, to make the rule consistent with the statute applicable to pet shops.

The Division proposes to amend N.J.A.C. 13:45A-12.3(a)7 to increase from five to 14 days the time for a consumer to deliver a veterinary certificate of unfitness to a pet dealer.

The Division proposes to add new N.J.A.C. 13:45A-12.3(a)8 to make clear that the deadlines for a consumer to obtain certifications of unfitness from a veterinarian do not apply if the consumer did not receive the required notice from the pet dealer.

Resources

Pet Purchasing Protection Notification Forms

NJ Department of Heath – Office of Animal Welfare

County and Municipal Consumer Affairs Offices

Directory of NJ Health Departments