§ 753 — Sale of animal

§ 753. Sale of animal. 1. If, within fourteen business days following\nthe sale of an animal subject to this article or receipt of the written\nnotice required by section seven hundred fifty-four of this article,\nwhichever occurred last, a veterinarian of the consumer's choosing,\nlicensed by a state certifies such animal to be unfit for purchase due\nto illness or the presence of symptoms of a contagious or infectious\ndisease, or if, within one hundred eighty calendar days following such\nsale or receipt, whichever occurred last, a licensed veterinarian\ncertifies such animal to be unfit for purchase due to a congenital\nmalformation which adversely affects the health of the animal, the pet\ndealer shall afford the consumer the right to choose one of the\nfollowing options:\n (a) The right to return the animal and receive a refund of the\npurchase price including sales tax and reasonable veterinary costs\ndirectly related to the veterinarian's certification that the animal is\nunfit for purchase pursuant to this section;\n (b) The right to return the animal and to receive an exchange animal\nof the consumer's choice of equivalent value and reasonable veterinary\ncosts directly related to the veterinarian's certification that the\nanimal is unfit for purchase pursuant to this section; or\n (c) The right to retain the animal and to receive reimbursement from a\npet dealer for veterinary services from a licensed veterinarian of the\nconsumer's choosing, for the purpose of curing or attempting to cure the\nanimal. The reasonable value of reimbursable services rendered to cure\nor attempting to cure the animal shall not exceed the purchase price of\nthe animal. The value of such services is reasonable if comparable to\nthe value of similar services rendered by other licensed veterinarians\nin proximity to the treating veterinarian. Such reimbursement shall not\ninclude the costs of initial veterinary examination fees and diagnostic\nfees not directly related to the veterinarian's certification that the\nanimal is unfit for purchase pursuant to this section.\n The commissioner by regulations shall prescribe a form for, and the\ncontent of, the certification that an animal is unfit for purchase,\nwhich shall be provided by an examining veterinarian to a consumer upon\nthe examination of an animal which is subject to the provisions of this\nsection. Such form shall include, but not be limited to, information\nwhich identifies the type of animal, the owner, the date and diagnosis\nof the animal, the treatment recommended if any, and an estimate or the\nactual cost of such treatment. Such form shall also include the notice\nprescribed in section seven hundred fifty-four of this article.\n The commissioner by regulations shall prescribe information which\nshall be provided in writing by the pet dealer to the consumer upon the\nsale of the animal. Such information shall include, but not be limited\nto, a description, including breed of the animal, the date of purchase,\nthe name, address and telephone number of the consumer, and the amount\nof the purchase. The pet dealer shall certify such information by\nsigning the document in which it is contained.\n 2. The refund and/or reimbursement required by subdivision one of this\nsection shall be made by the pet dealer not later than ten business days\nfollowing receipt of a signed veterinary certification as herein\nrequired. Such certification shall be presented to the pet dealer not\nlater than three business days following receipt thereof by the\nconsumer.\n 2-a. Every pet dealer who sells an animal required to be vaccinated\nagainst rabies, pursuant to section twenty-one hundred forty-one of the\npublic health law, to a consumer shall provide the consumer at point of\nsale with a written notice, provided by the department of health,\nsummarizing rabies immunization requirements.\n 3. A veterinary finding of intestinal parasites shall not be grounds\nfor declaring the animal unfit for sale unless the animal is clinically\nill due to such condition. An animal may not be found unfit for sale on\naccount of an injury sustained or illness contracted subsequent to the\nconsumer taking possession thereof.\n 4. In the event that a pet dealer wishes to contest a demand for\nrefund, exchange or reimbursement made by a consumer pursuant to this\nsection, such dealer shall have the right to require the consumer to\nproduce the animal for examination by a licensed veterinarian designated\nby such dealer. Upon such examination, if the consumer and the dealer\nare unable to reach an agreement which constitutes one of the options\nset forth in subdivision one of this section within ten business days\nfollowing receipt of the animal for such examination, the consumer may\ninitiate an action in a court of competent jurisdiction to recover or\nobtain such refund, exchange and/or reimbursement.\n 5. Nothing in this section shall in any way limit the rights or\nremedies which are otherwise available to a consumer under any other\nlaw.\n