Pet Warranty Bill in Ohio
Sellers of dogs younger than 15 months would have to make an
exchange, give a refund, or reimburse veterinary expenses up
to the purchase price for dogs that exhibit congenital defects
or common hereditary disorders, according to legislation pending
in Ohio’s House Agricultural and Natural Resources Committee.
Under the measure, a buyer could elect to recover their original
purchase price or receive a healthy dog of the same kind in
cases where a veterinarian has certified that their dog died
as a result of the congenital defect or hereditary disorder.
House Bill 63 applies to persons who sell dogs to pet stores,
to the public, or to kennels.
Such sellers also would have to give refunds if they misrepresented
a dog’s registration or eligibility for registration,
provided the buyer presented the requisite documentation within
12 months after purchasing the dog. Buyers would be entitled
to the full purchase price if they returned the dog but only
half the purchase price if they kept it.
The proposed law also would require sellers to provide a
detailed receipt, including disclosure of any congenital defect,
hereditary disorder or lineage. Sellers also would be required
to provide buyers with a notice of their rights under the
law. Noncompliance would carry a fine of up to $500 for the
first offense and up to $1,000 for subsequent offenses.
Buyers would not be entitled to a remedy under certain circumstances,
For example, sellers would not be liable if they informed
the buyer that the defect or disorder existed at the time
of sale, or if the defect, disorder or death resulted from
maltreatment, neglect, illness or an injury that occurred
after the buyer took physical possession of the dog.
The bill has been heard twice and awaits action. [July 2005
PET AGE]
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