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Section 753. Sale of Animal:
- If, within fourteen business days following the sale of an animal
subject to this article or receipt of the written notice required
by section seven hundred fifty-four of this article, whichever
occurred last, a veterinarian of the consumer's choosing, licensed
by a state certifies such animal to be unfit for purchase due to
illness, a congenital malformation which adversely affects the
health of the animal, or the presence of symptoms of a contagious
or infectious disease, the pet dealer shall afford the consumer the
right to choose one of the following options:
- The right to return the animal and receive a refund of the
purchase price including sales tax and reasonable veterinary
costs directly related to the veterinarian's certification that
the animal is unfit for purchase pursuant to this section;
- The right to return the animal and to receive an exchange animal
of the consumer's choice of equivalent value and reasonable
veterinary costs directly related to the veterinarian's certification
that the animal is unfit for purchase pursuant to this section; or
- The right to retain the animal and to receive reimbursement from
a pet dealer for veterinary services from a licensed veterinarian
of the consumer's choosing, for the purpose of curing or attempting
to cure the animal. The reasonable value of reimbursable services
rendered to cure or attempting to cure the animal shall not exceed
the purchase price of the animal. The value of such services is
reasonable if comparable to the value of similar services rendered
by other licensed veterinarians in proximity to the treating
veterinarian. Such reimbursement shall not include the costs of
initial veterinary examination fees and diagnostic fees not directly
related to the veterinary's certification that the animal is unfit
for purchase pursuant to this section.
The commissioner by regulations shall prescribe a form for, and the content
of, the certification that an animal is unfit for purchase, which shall be
provided by an examining veterinarian to a consumer upon the examination of
an animal which is subject to the provisions of this section. Such form
shall include, but not limited to, information which identifies the type
of animal, the owner, the date and diagnosis of the animal, the treatment
recommended if any, and an estimate or the actual cost of such treatment.
Such form shall also include the notice prescribed in section seven hundred
forty-three of this article.
The commissioner by regulations shall prescribe information which shall be
provided in writing by the pet dealer to the consumer upon the sale of the
animal. Such information shall include, but not be limited to, a description,
including breed of the animal, the date of purchase, the name, address and
telephone number of the consumer, and the amount of purchase. The pet dealer
shall certify such information by signing the document in which it is contained.
- The refund and/or reimbursement required by subdivision one of this section
shall be made by the pet dealer not later than ten business days following
receipt of signed veterinary certification as herein required. Such
certification shall be presented to the pet dealer not later than three
business days following receipt thereof by the consumer.
- A veterinary finding of intestinal parasites shall not be grounds for
declaring an animal unfit for sale unless the animal is clinically ill due
to such condition. An animal may not be found unfit for sale on account of
an injury sustained or illness contracted subsequent to the consumer taking
possession thereof.
- In the event that a pet dealer wishes to contest a demand for refund,
exchange or reimbursement made by a consumer pursuant to this section,
such dealer shall have the right to require the consumer to produce the
animal for examination by a licensed veterinarian designated by such dealer.
Upon such examination, if the consumer and the dealer are unable to reach
an agreement which constitutes one of the options set forth in subdivision
one of this section within ten business days following receipt of the animal
for such examination, the consumer may initiate an action in a court of
competent jurisdiction to recover or obtain such refund, exchange and/or
reimbursement.
- Nothing in this section shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
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