Legislation introduced in Missouri would create a statutory warranty entitling buyers of dogs and cats to receive refunds or other compensation from pet dealers if the animal becomes ill or dies from a condition that existed at the time of sale.

Senate Bill 690 defines pet dealers as persons or businesses that sell more than 20 dogs or cats, or three litters, in a 12-month period. Unlike many warranty laws that apply only to retail sales, the law also would apply to breeders who sell the specified number of animals.

The pet dealer definition does not include animal control agencies, humane societies or similar nonprofit organizations.

Pet dealers would have to provide a written statement that the animal has no known congenital or hereditary condition that would negatively impact its health, or disclose any such conditions. Pet dealers would not be permitted to sell an animal with obvious clinical signs of infection or contagious disease.

To receive a refund or compensation, buyers would have to provide a written statement from a veterinarian certifying the existence of a qualifying condition along with precise findings. Buyers would have no right to a remedy if the animal’s illness or death resulted from maltreatment, neglect or the owner’s failure to carry out recommended treatment, or if the illness or injury occurred after the point of sale.

The bill would allow pet dealers the right to challenge warranty claims that allegedly do not meet the requirements of the law.

Pet dealers would be required to provide buyers with a written notice of their rights under law. Furthermore, if the animal is being sold as one that can be registered, the pet dealer would have to provide a notice stating, “A pedigree or a registration does not assure proper breeding conditions, health, quality or claims to lineage.”

If the pet dealer fails to provide documents necessary for registration within 120 days of sale, then the buyer would be entitled to a 75 percent refund of the original purchase price.

Senate Bill 690 awaited a hearing in the Committee on Agriculture, Food Production and Outdoor Resources at press time.
For more information, see www.tinyurl.com/yhfbqmy. [April 2010 PET AGE]