2023 New York Laws › GBS - General Business › Article 35-D - Sale of Dogs and Cats › 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.