As a breeder, we feel very strongly in your right as a buyer to receive a healthy puppy, and this is why we Vet check every puppy before it goes out the door. The information contained in our sales contract and puppy health policy is in strict compliance with the laws of the State of Maine. Every puppy buyer will be given a contract, and a copy of the Maine State Law governing the sale of dogs and cats. No sale will be considered final until we have received a contract with your signature stating that you have received a copy of this law. At the time of sale you will be given a contract with your rights as a consumer and other warranty information. Please be advised that the provisions provided below may not contain all the rights of the BUYER or the SELLER.
§4152. Disclosure
1. Required disclosure. A seller shall deliver to a purchaser of an animal a written disclosure containing the following:
A. An animal history that includes:
(1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal;
(2) The date of the animal's birth;
(3) The date the seller received the animal;
(4) The breed, sex, color and identifying marks of the animal;
(5) The individual identifying tag, tattoo or collar number;
(6) For pure bred animals, the name and registration number of the sire and dam and the litter number; and
(7) A record of inoculations, worming treatments, medication or any veterinarian treatment received by the animal while in the possession of the breeder or dealer; [2007, c. 702, §23 (AMD).]
B. A statement signed by the seller that the animal at time of delivery has no known health problem or a statement disclosing any known health problem.
The statement must include the date at which the seller is aware that the animal was last seen by a veterinarian; [2007, c. 702, §23 (AMD).]
C. A seller who represents an animal as eligible for registration with an animal pedigree organization shall provide the retail purchaser with a notice stating that pedigree registration does not assure health or quality of an animal; and [2007, c. 702, §23 (AMD).]
D. The seller shall indicate whether or not, to the seller's knowledge, the animal or its sire or dam is registered with, and whether the animal is certified by any organization that maintains a registry pertaining to congenital or hereditary problems and explain the meaning of these terms. [2007, c. 702, §23 (AMD).]
[ 2007, c. 702, §23 (AMD) .]
2. Optional disclosure. The seller may provide the purchaser with a list of congenital or hereditary problems that are known to affect the breed being purchased and a list of any health problems for which the seller does not warranty the animal.
[ 2007, c. 702, §23 (AMD) .]
3. Disclosure procedures. The following disclosure procedures must be followed.
A. The disclosure required by subsection 1 must be made part of the statement of consumer rights set forth in section 4160. [1995, c. 589, §1 (NEW).]
B. The written disclosure made pursuant to this section must be signed by both the seller certifying the accuracy of the statement and by the purchaser of the animal acknowledging receipt of the statement. [2007, c. 702, §23 (AMD).]
C. The seller shall make a prospective purchaser aware that the purchaser may see this information prior to purchase. [2007, c. 702, §23 (AMD).]
[ 2007, c. 702, §23 (AMD) .]
SECTION HISTORY
1995, c. 589, §1 (NEW). 1997, c. 690, §51 (AMD). 2007, c. 702, §23 (AMD).
§4153. Sale prohibited
Notwithstanding section 4152, a seller may not sell an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality or has any disease, illness or condition that requires hospitalization or nonelective surgical procedures. [2007, c. 702, §24 (AMD).]
SECTION HISTORY
1995, c. 589, §1 (NEW). 2007, c. 702, §24 (AMD).
§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.
[ 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 [1995, c. 589, §1 (NEW).]
B. A refund of the full purchase price of the animal. [1995, c. 589, §1 (NEW).]
[ 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; [2007, c. 702, §26 (AMD).]
B. Exchange of the animal for an animal of the purchaser's choice of equivalent value, providing a replacement is available; or [1995, c. 589, §1 (NEW).]
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. [1995, c. 589, §1 (NEW).]
[ 2007, c. 702, §26 (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.
[ 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 caused by infectious, contagious, parasitic or communicable disease.
[ 2007, c. 702, §27 (AMD) .]
SECTION HISTORY
1995, c. 589, §1 (NEW). 2007, c. 439, §32 (AMD). 2007, c. 702, §§25-27 (AMD).
4156. Responsibilities of purchaser
To obtain the remedies provided in section 4155, the purchaser has the following responsibilities with respect to an animal with a health problem. [1995, c. 589, §1 (NEW).]
1. Veterinary diagnosis. The purchaser must notify the seller, within 2 business days, of the diagnosis by a veterinarian of a health problem and provide the seller with the name and telephone number of the veterinarian and a copy of the veterinarian report on the animal.
[ 2007, c. 702, §28 (AMD) .]
2. Refund. If the purchaser wishes to receive a full refund for the animal, the purchaser must return the animal no later than 2 business days after receipt of a written statement from a veterinarian indicating that the animal is unfit due to a health problem. With respect to a dead animal, the purchaser must provide the seller with a written statement from a veterinarian indicating that the animal died from a health problem that existed on or before the receipt of the animal by the purchaser.
[ 2007, c. 702, §29 (AMD) .]
SECTION HISTORY
1995, c. 589, §1 (NEW). 2007, c. 702, §§28, 29 (AMD).
§4157. Rights of seller
1. Refusal to sell. A seller may refuse to sell an animal to a potential purchaser who appears not to accept or understand the provisions of this chapter.
[ 2007, c. 702, §30 (AMD) .]
2. Exemption from purchaser remedies. A refund, replacement or reimbursement of veterinary fees is not required if any one or more of the following conditions are met.
A. The health problem or death of the animal resulted from maltreatment, neglect or a disease contracted while in the possession of the purchaser or from an injury sustained subsequent to receipt of the animal by the purchaser. [1995, c. 589, §1 (NEW).]
B. A disclosure statement was provided to the purchaser pursuant to section 4152 that disclosed the health problem for which the purchaser seeks to return the animal. [1995, c. 589, §1 (NEW).]
C. The health problem is a hereditary or congenital one covered by section 4152. [1995, c. 589, §1 (NEW).]
D. [2007, c. 439, §33 (RP).]
[ 2007, c. 439, §33 (AMD) .]
SECTION HISTORY
1995, c. 589, §1 (NEW). 2007, c. 439, §33 (AMD). 2007, c. 702, §30 (AMD).
§4158. Contest
1. Demand for remedy; contest. When a seller wishes to contest a demand for the remedy specified in section 4155, the seller may require the purchaser to produce all the veterinarian's records and the animal for examination or autopsy by a veterinarian designated by the seller. The veterinarian designated by the seller must be practicing at a veterinary clinic within 100 miles of the purchaser's residence. The seller shall pay the cost of this examination or autopsy. The seller has a right of recovery against the purchaser if the seller is not obligated to provide a remedy under section 4155.
[ 2007, c. 702, §31 (AMD) .]
2. Right to court action. If the seller does not provide the remedy selected by the purchaser set forth in section 4155, the purchaser may initiate a court action. The prevailing party in the court action has the right to recover costs and reasonable attorney's fees.
[ 2007, c. 702, §32 (AMD) .]
SECTION HISTORY
1995, c. 589, §1 (NEW). 1997, c. 690, §53 (AMD). 2007, c. 702, §§31, 32 (AMD).