All buyers of dogs from dealers (breeders, pet stores, and individuals who regularly sell dogs) are protected by their state`s Uniform Commercial Code (UCC). UCC is essentially a part of state law that governs all sales and business transactions. The UCC not only ensures uniformity and stability in this area of law, but also describes the rights and obligations of buyers and sellers. The sale of pets concerns the UCC regulations on the sale of goods. Dogs, cats and other pets are considered “goods” within the meaning of the UCC. While this legal term doesn`t accurately reflect the true value we attach to these creatures, it does give buyers some recourse. One important thing about these puppy sales laws is that they may not apply to everyone. In other words, laws may be limited to a specific category of people, such as dog breeders, kennel operators, or other pet stores. Fifteen of the twenty-eight states make it illegal for anyone to sell a minor puppy. Other states limit regulation to pet stores, pet dealers or ranchers.
Like many pet sales laws (commonly referred to as “puppy lemons laws”), the purpose of these laws is to curb the distribution of puppies from unregulated sources such as puppy mills, rather than prevent sales from those who are not in the breeding sector (i.e., people who simply give an unwanted litter). The legal issues related to the sale of pets begin with two questions: is there a specific sales contract that sets specific conditions of sale and are there state laws that govern the sale of pets? For the sale of pets, contract law always applies, since the purchase itself constitutes a contract. A seller offers a dog or cat for sale, a buyer accepts the offer and then pays the seller a certain amount of money. If the seller is a trader (see below), a buyer of these “goods” has additional rights if the animal is not suitable in any way. While distilling the purchase of an essentially new family member onto contractual obligations may seem challenging, it`s important for buyers to understand the process. Pets, although loved by their owners, do not have an independent legal status in this country and are instead subject to the law of contracts and commercial transactions. In fact, because of their unique and valuable status, many states have added more laws that protect pet buyers and regulate the pet industry. Penalties for violations of these provisions vary. Less than half of the states criminalize a violation of the law. California law makes it a crime to sell a puppy under eight weeks old, as Nebraska does. Violation of Connecticut law will result in a $1,000 fine. For many states, the laws only apply to pet dealers, pet stores, or pet breeders, so penalties include revoking state licenses or other administrative penalties.
The advent of technology has allowed dog buyers to find certain purebred breeds on the Internet. While this can certainly provide a convenient way to find a pet, buyers should be aware of the dangers. There is no state law specifically regulating the sale of pets over the Internet. Even for companies operating in other states or even other countries, the choice of state law is also present in the event of a contractual dispute. It is highly unlikely that federal law will be applied in these cases (since the amount to go to federal court is currently $75,000 for multistate jurisdiction or diversity). The process of returning a defective pet to the company can be expensive or impossible for the dissatisfied buyer. The trauma of subsequent transport of the animal is also costly. Since buyers are unlikely to inspect the premises where they buy the dogs, they are also more likely to buy from an unsavory “puppy mill”. (For a more detailed discussion of pet sales on the Internet, click here.) While a dog is part of your family, it`s also a purchase (sometimes expensive!), so it`s important to make sure you get a dog purchase contract when you buy your puppy or dog. This will prove that you are the rightful owner of your new family member. Adding a dog to your family is an important event, and you want to be sure that your purchase of the dog is legal and binding. Learn how to use a dog purchase agreement for your purchase.
The answer to this question, as to almost all legal questions, depends on where you live. About twenty-seven states as well as DC have laws or bylaws that state how old a puppy must be before it is offered for sale or adopted to an owner. Of these states with laws, all but three (DC, Virginia and Wisconsin) require a puppy to be at least eight weeks old before going on sale. Other states focus on separating the puppy or kitten from its mother in addition to setting a minimum age. Nevada law states that a retailer, dealer or operator cannot separate a dog or cat from its mother until it is 8 weeks old “or is in the habit of eating food or food other than through breastfeeding, whichever is later.” [emphasis added]. Similarly, Illinois also states that a puppy or kitten must not be “separated from its mother” until the puppy or kitten reaches 8 weeks of age. Although reputable breeders only breed dogs registered with the American Kennel Club and thus verify their pedigree, each new puppy born must also be registered individually. Sometimes a producer will ask you to fill out the AKC registration paperwork. In other cases, the breeder takes care of it themselves, especially if she is an AKC Breeder of Merit, a designation that shows that a breeder has committed to registering all their puppies with the American Kennel Club. Of course, the violation of a properly executed legal document can theoretically end up in court.
So, if you`re looking for legal advice, you won`t find any here. This article covers the basics of buying a pet, including disclosure requirements; sales contracts and warranties; exotic animal laws; and more. See “Consumer Transactions” for FindLaw`s full coverage of legal issues related to the purchase and return of consumer goods. Most large life acquisitions require a legal contract, from buying a house to renting a car. Some breeding contracts guarantee everything against genetic defects (usually up to a certain age), while others guarantee against certain diseases such as heart problems, sometimes under certain conditions. Some breeders, for example, guarantee against hip dysplasia, but only if the owner takes reasonable precautions, such as not letting a puppy continuously run on a hard surface until the age of one year, and sometimes even longer for large breeds.