State Pet Sales Laws

The majority of dog sales are the sale of puppies. About 18 states have laws that either set a minimum age for puppy sales, or set forth how old a puppy must be before it is offered for sale or adopted out. Most set the age at 8 weeks, some at 7 weeks, and one (Nebraska) has set the minimum at 6 weeks. A couple of states don’t explicitly state an age in numbers but require that the puppy must be weaned from its mother.

Seventeen states have special pet sales laws applicable to pet retailers. These laws recognize that animals are distinct from other inanimate goods, and that they are living, unpredictable beings unique from the goods the UCC is intended to encompass. This provides for additional remedies as traditional concepts of recission are not always options for dog owners. These laws are also aimed at helping to deter puppy mills.

The pet sale laws differ from state to state, but all have common components. Most state that the rights and responsibilities of the seller and buyer must be disclosed before the purchase, either in written contract form or posted in the store, or even both in some states. Sellers who fail to provide this language may face civil penalties or loss of their retail license.

The basis of claims brought under state pet sales laws is misrepresentation on the part of the seller. However, most states require that the seller had actual knowledge of the animal’s defect, which the buyer would have to prove in court. The buyers themselves must also comply with certain requirements when bringing a pet sales law claim. Most laws have a time limit for the buyer to return the dog or otherwise make the seller aware of a defect. Generally the time limit is between 7 and 15 days for a dog with a disease or illness. Some states have provisions for congenital or genetic conditions that do not appear or develop immediately. The time limits for congenital and genetic conditions run from two months to two years, depending on the state.

All of the states with pet sales laws mandate that the defect be certified by a veterinarian. The defect can be a disease, illness, or congenital or genetic condition. The defect cannot be a problem common to dogs, such as parasites, unless the condition causes the animal to be ill. Neither can the defect be an illness or injury contracted subsequent to the buyer acquiring the animal. Further, the disease or illness must have been in existence or traceable to the time the animal was purchased.

The remedies available under the pet sales laws present three different options:
1. The buyer can return the animal and the seller must reimburse the purchase price and potentially the veterinary costs of certifying the dog’s defect.
2. The buyer can return the animal and the seller provides an equivalent replacement plus the veterinary costs.
3. The buyer can retain the animal and recover from the seller the cost of veterinary care to fix the defect. Most states limit the amount a buyer can recover from the seller to the amount the purchase price was, but California allows the buyer to recover up to 150 percent of the purchase price.

Buyers cannot receive damages if the defect was due to their negligence, if they do not provide documentation, or the defect occurs subsequent to the buyer taking possession of the dog. Some states also provide additional requirements to dealers selling registered dogs, such as the seller must provide to the buyer the registration numbers of the sire and dam, and the contact information of the person who bred and sold them the dog.

Both buyers and sellers should take care when entering into a dog sale. There are always potential legal ramifications when sales go bad, affecting both parties with possible financial loss and emotional distress. These pitfalls can be avoided with well written sales contracts. It is greatly beneficial for both parties to have the transaction reduced to a writing, so all terms are visible, and should the parties litigate the issue, the court need only look to the contract.

(Back to Dog Owner Rights)