Oklahoma Puppy Lemon Law
Returning a sick puppy or asking for your money back isn't quite the same as returning defective merchandise. Once you welcome a puppy into your home and family, you may not want to return it. Puppy lemon laws, which vary from state to state, set basic requirements for sellers to provide information to buyers and spell out a buyer's rights to return a puppy or receive reimbursement if the puppy has a pre-existing health problem. Oklahoma passed legislation governing pet breeders in 2010.
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Board of Commercial Pet Breeders
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Oklahoma created the Oklahoma Board of Commercial Pet Breeders in 2010. Instead of spelling out specific requirements on puppy sales, Oklahoma law gives the board authority to set regulations for breeders. In December 2010, the board passed its first set of regulations for commercial pet breeders. The regulations include minimum standards for pet sales and returns. Oklahoma's regulations apply to sales of pet dogs and cats, not just puppies, in the state. The board defines a puppy as a dog less than 6 months old.
Disclosures
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The regulations require sellers to disclose information on a puppy's health and provide a written statement on immunizations and other treatments that took place within the 30 days prior to the sale. A seller must tell the buyer if a puppy has any known diseases or health conditions. The regulations require sellers to give each buyer an invoice that contains specific information, including a description of the puppy, and lists health disclosures made to the buyer.
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Returns and Refunds
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Oklahoma's regulations provide for reimbursement of the puppy's purchase price in some circumstances, but don't provide for any reimbursement for veterinary costs as of early 2011. The buyer is only entitled to a refund of the purchase price if he returns a puppy that was unfit for sale or provides proof that it died. The regulations define a pet as unfit for sale if a veterinarian states in writing, within 10 days after the sale, that it has an undisclosed health problem or disease that existed at the time of sale. It's also unfit for sale if a vet states within a year that it's not the breed type specified in the invoice, or that it's ill or died of an undisclosed hereditary or congenital defect.
Considerations
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Oklahoma had a reputation as a puppy mill state when it enacted legislation to regulate breeders. The state regulations set minimum standards for commercial breeders. If you get a puppy from a responsible breeder, the breeder may offer additional protection in her standard contract for buyers. While responsible breeders screen their parent dogs and puppies for health issues, keep in mind no one can give you a lifetime guarantee on the health of a puppy. Puppy lemon laws provide some basic protection to buyers if a dog has a pre-existing condition that the seller should have known about and disclosed.
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References
Resources
- Photo Credit Puppy eyes image by Marfa Faber from Fotolia.com
Comments
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There is a lemon law for Autos , Puppys. I have a house alarm sysrem. that hasn't worked properly from day one. Before 30 days I ask them to take it out. They want me to pay the 3 year contract $2000.00 plus.
