I bought a sick kitten from the pet store.

////I bought a sick kitten from the pet store.

Question

My husband and I just bought a kitten from a local pet shop that stated he had his shots, neutered, tests for cancer and a micro chip placed, but my concern is the kitten looks like he's 6 weeks old, very skinny and has visible ear mite infection. I'm taking him to our local vet tonight, is there anyway I can get my money back and still keep the kitten case of any more problems arise or any of the paperwork of veterinary care is false?

Answer

Several states, including Pennsylvania, have laws which provide recourse to purchasers of sick dogs (and some states include cats too) from a pet dealer (definitions of pet dealer vary but typically would include pet stores). Pennsylvania's pet sale law applies to the sale of dogs and provides that if within 10 days of purchase the dog dies or is clinically ill (as determined by a veterinarian), the purchaser may, among other remedies, retain the dog and receive reimbursement from the seller for reasonable veterinary fees incurred in attempting to cure the dog (but not more than the purchase price). Purchasers of sick cats may still have recourse, even without a law which specifically addresses sales. For example, the Uniform Commercial Code (UCC) provides purchasers of goods (including animals) from merchants (would typically include pet stores) remedies if the animal was sick (unmerchantable) at the time of sale. In fact, the UCC does not contain some of the rigid time limitations as provided for in some pet sale laws. Deceptive sales practices, such as knowingly misrepresenting an animal's health and/or providing purchasers with false documentation about an animal, could also result in criminal charges, fines, and possibly revocation of licenses. Complaints about deceptive/fraudulent sales practices can generally be made to a state's Attorney General's office, District Attorney, and Consumer Affairs Departments. If one suspects animal neglect, the police and SPCA should be contacted, as well as any other entity in the municipality that enforces animal abuse laws.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

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By |2017-08-04T16:58:00+00:00August 16th, 2015|