§4155. Rights of the purchaser

1.  Unfit for sale.  If, within 10 days after receipt of the animal by the purchaser, a veterinarian states in writing that the animal has a health problem that existed in the animal at the time of delivery or if, within one year after receipt of the animal by the purchaser, a veterinarian states in writing that due to a hereditary or congenital defect the animal has died or has a condition that will shorten its life or will require constant treatment during its life, the animal is considered to have been unfit for sale at the time of sale.

[PL 1995, c. 589, §1 (NEW).]

2.  Death; remedies.  When an animal dies due to a health problem that would have rendered the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser:

A. An animal of equal value, if available; or   [PL 1995, c. 589, §1 (NEW).]

B. A refund of the full purchase price of the animal.   [PL 1995, c. 589, §1 (NEW).]

[PL 2007, c. 702, §25 (AMD).]

3.  Health problem; remedies.  When an animal has a health problem that renders the animal unfit for sale pursuant to subsection 1, and that health problem existed in the animal at the time of delivery to the purchaser but was not disclosed under the provisions of section 4152, the seller shall provide the purchaser with one of the following remedies selected by the purchaser:

A. Return of the animal to the seller for a refund of the full purchase price of the animal;   [PL 2007, c. 702, §26 (AMD).]

B. Exchange of the animal for an animal of the purchaser's choice of equivalent value, if a replacement is available;   [PL 2019, c. 90, §1 (AMD).]

C. Retainment of the animal and reimbursement for 1/2 of the reasonable veterinary fees not to exceed 1/2 of the original purchase price of the animal; or   [PL 2019, c. 90, §1 (AMD).]

D. For an animal with less than one year of life expectancy, as determined by a veterinarian pursuant to subsection 1, retainment of the animal and a full refund of the original purchase price of the animal. Reimbursement of veterinary fees by the seller is not required under this paragraph.   [PL 2019, c. 90, §2 (NEW).]

[PL 2019, c. 90, §1, 2 (AMD).]

4.  Veterinary service; fees.  The fee for veterinary service is reasonable if the service is appropriate for the diagnosis and treatment of the health problem and the fee for the service is comparable to fees charged by other veterinarians who are in proximity to the treating veterinarian.

[PL 1995, c. 589, §1 (NEW).]

5.  Sellers not exempt.  Sellers may not, contractually or otherwise, exempt themselves from the remedies provided by this section for deaths or health problems in animals caused by infectious, contagious, parasitic or communicable disease or for deaths or health problems in animals caused by hereditary or congenital defects as described in subsection 1.

[PL 2019, c. 90, §3 (AMD).]

SECTION HISTORY

PL 1995, c. 589, §1 (NEW). PL 2007, c. 439, §32 (AMD). PL 2007, c. 702, §§25-27 (AMD). PL 2019, c. 90, §§1-3 (AMD).