N.Y. General Business Law § 753: Sale of animal

§ 753. Sale of animal. 1. 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 or the presence of symptoms of a contagious or infectious

disease, or if, within one hundred eighty calendar days following such

sale or receipt, whichever occurred last, a licensed veterinarian

certifies such animal to be unfit for purchase due to a congenital

malformation which adversely affects the health of the animal, the pet

dealer shall afford the consumer the right to choose one of the

following options:

(a) 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;

(b) 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

(c) 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 veterinarian'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 be 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 fifty-four 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 the purchase. The pet dealer shall certify such information by

signing the document in which it is contained.

2. 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 a 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.

2-a. Every pet dealer who sells an animal required to be vaccinated

against rabies, pursuant to section twenty-one hundred forty-one of the

public health law, to a consumer shall provide the consumer at point of

sale with a written notice, provided by the department of health,

summarizing rabies immunization requirements.

3. A veterinary finding of intestinal parasites shall not be grounds

for declaring the 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.

4. 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.

5. Nothing in this section shall in any way limit the rights or

remedies which are otherwise available to a consumer under any other

law.