What Is The Pet Lemon Law?
by Mark Kessler

It is not that unusual to see lawsuits in which a plaintiff sues a defendant for the sale of a sick or maimed animal, or an animal that is not the type of species as it was originally claimed to be. A dishonest person may try to sell the animal under false pretenses - giving the impression that the animal being sold was healthy, protected from any future diseases, and/or that the animals breed is not what was described at time of purchase. To protect people who purchase a pet from dishonest sellers, pet lemon laws set a standard of sale to make sure the health and species of the animal purchased is correct. Anyone who sells more than 20 animals a year to the public is subject to follow that states pet lemon laws. This includes all dealers, breeders, individuals, firms, corporations, and any other associations involved. Interestingly, all breeders, individuals, firms, corporations, and associations who sell the animals to dealers only, are not required to comply with pet lemon laws.

In the event that a customer unknowingly purchases a sick or maimed animal, or an animal that is not the species as originally claimed to be, that animal is called a "lemon." To prevent the sale and ownership of "lemons," pet lemon laws state that animals sold to customers must own certification. An animal's certification declares that the sold animal is healthy, is vaccinated, and is the breed claimed by the person selling the animal. To verify certification, pet lemon laws require that an animal's certification comes from a licensed, accredited veterinarian only.

Other conditions in pet lemon laws may require that an animal be at least 8 weeks old or older, be de-wormed, and/or vaccinated for rabies prior to being sold. Depending on the actual age of the animal, these procedures, such as de-worming and vaccination, are performed within 21 days to 1 full year of the animal's purchase date. The official certificate of a veterinary inspection will list all of the vaccinations that are required. Pet lemon laws just might require additional testing for heartworm and/or leukemia as well as worms, coccidiosis, and ear mites. Testing for any unhealthy conditions should occur within three weeks prior to the animal's sale.

Depending upon the pet lemon laws of each state, an animal may or may not need to be free of fleas and ticks to become eligible for sale. And should an animal's vaccination and/or de-worming medication (anthelmintic) be determined too dangerous, a veterinarian does not have to issue those procedures. However, to protect the interest of the consumer, the veterinarian must declare on the certificate that the medications administered would do more harm than they would good.

If you believe that you have been sold a "lemon pet," take the animal to a veterinarian for testing. Keep all records of the veterinarian's analysis and should the testing reveal illness(es), return to the person from whom you purchased the pet. Ask that the seller pay for the animal's treatment. If the animal's seller refuses to cooperate, keep a record of all the payments you have made to restore the animal back to health, and then take the seller to small claims court to get your medical funds reimbursed.