Puppy Lemon Laws | Fraudulent Breeders | Undisclosed Illness | Warranty Claims
If you received a sick puppy claim, see our defense guide under California's Puppy Lemon Law.
Typical statute structure:
| Remedy | What It Means | When to Choose |
|---|---|---|
| Return for full refund | Return pet to seller; get purchase price back (may include vet costs to diagnose) | Pet very sick, prognosis poor, or you can't afford treatment; buyer doesn't want to keep pet |
| Exchange for comparable animal | Return sick pet; seller provides healthy replacement of similar breed/value | You want that breed but this specific pet is too ill; seller has suitable replacement available |
| Keep pet + reimbursement | Keep pet; seller reimburses vet bills up to purchase price (or 150% of purchase price in some states) | You're bonded with pet; pet is treatable; treatment costs less than or equal to cap |
Buyer obligations (must comply or lose rights):
Infectious/contagious diseases (short window - usually 7-14 days):
Congenital/hereditary defects (longer window - 30 days to 1 year):
What's typically NOT covered:
Lemon laws typically apply to:
Often exempt from lemon laws:
If your state has no lemon law OR seller isn't covered OR you missed deadlines, use these theories:
Pets are "goods" under Uniform Commercial Code - warranties apply:
| Warranty Type | Basis | Example |
|---|---|---|
| Express warranty | Seller's promises/representations | "This puppy is healthy and vet-checked." "No genetic defects." "Champion bloodline, suitable for breeding." |
| Implied warranty of merchantability | Goods must be fit for ordinary purpose | Dog must be reasonably healthy and suitable as a pet. Severely ill or genetically defective dog breaches this. |
| Implied warranty of fitness | If seller knows buyer's particular purpose, pet must be fit for that purpose | Told breeder you need service dog prospect; breeder provides dog with hip dysplasia unsuitable for service work. |
Remedies for breach of warranty: Refund, replacement, or "cover" (cost to obtain substitute pet) + incidental damages (vet bills to diagnose defect)
Elements:
Common fraudulent misrepresentations:
Remedies: Rescission (unwind sale, get refund) + consequential damages (vet bills) + possibly punitive damages for intentional fraud
State Unfair and Deceptive Acts and Practices (UDAP) statutes prohibit:
Why UDAP is powerful:
Emerging scam: Disguised leasing agreements
Some disreputable pet stores and online sellers use "lease-to-own" contracts where buyer thinks they're purchasing pet but actually signs lease with:
Many states now ban or regulate pet leasing:
If you signed pet lease unknowingly: Claim fraud, UDAP violation, unconscionability, violation of state pet leasing ban
| State | Statute | Exam Period | Conditions Covered | Remedies |
|---|---|---|---|---|
| California | Health & Safety Code §§ 122125-122220 | 15 days (illness) 1 year (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| New York | Gen. Bus. Law § 753-a | 14 days (illness) 6 months (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| Florida | Fla. Stat. § 828.29 | 14 days (illness) 1 year (congenital) | Illness, congenital defects certified as likely existing at sale | Refund, exchange, or reimbursement up to 150% of purchase price |
| Pennsylvania | 73 P.S. § 201-9.3 | 10 days (illness) 30 days (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement |
| New Jersey | N.J. Stat. § 56:8-94 | 14 days (illness) 6 months (congenital) | Illness, congenital/hereditary defects | Refund, exchange, or reimbursement up to purchase price |
| Massachusetts | Mass. Gen. Laws ch. 140, § 139A | 14 days (illness) 6 months (congenital) | Illness, congenital/hereditary conditions | Refund, exchange, or reimbursement |
| Connecticut | Conn. Gen. Stat. § 22-344a | 14 days (illness) 180 days (congenital) | Illness, congenital defects | Refund, exchange, or reimbursement up to purchase price |
| Virginia | Va. Code § 3.2-6511 | 10 days (illness) 1 year (congenital) | Illness, congenital/hereditary defects | Refund, replacement, or reimbursement |
| Nevada | Nev. Rev. Stat. § 574.430 | 10 days (illness) 1 year (congenital) | Illness, congenital abnormalities | Refund, exchange, or reimbursement |
Seller disclosure requirements:
Buyer obligations:
Attorney fees provisions:
I represent pet buyers in lemon law claims, fraud cases, and warranty disputes against breeders, pet stores, and online sellers. I'll help you get refunds, reimbursement of vet bills, and hold dishonest sellers accountable.
Email: owner@terms.law