STATE

YEAR

PROVISIONS

REMEDY OR PENALTY

DELAWARE (Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4002 Information required at time of sale

N/s

Requires sellers to deliver (at the time of sale) to dog purchasers a written statement containing:

·         Date of birth, if known;

·         Breeder's name and address (if unknown, the name and address of person who sold animal to seller);

·         Date the seller received the animal (if not bred by seller);

·         Breed, sex, color, and identifying marks. If from a USDA licensed source, the animal’s identifying tag, tattoo or collar number. If breed is unknown or mixed, must state it;

·         If being sold as registrable, the names and registration numbers of sire and dam, and litter number;

·         Record of inoculations and worming treatments (dates of administration and the type of vaccine or treatment); and

·         Record of diagnosis, treatment or medication received from a vet while in seller’s possession.

Exceptions as per §4001:

·         The sale of dogs on the premises of (and by) a public shelter, pound or other nonprofit entity; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

Purchaser’s remedies set forth in § 4005.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4003 Seller disclosure

N/S

Requires that a written disclosure signed and dated by seller and purchaser be provided at the time of sale of a dog.  The disclosure must indicate:

·         That dog has no known disease or illness, nor any known congenital condition that adversely affects the health of the dog at sale (or is likely to in the future); or

·         Any known disease, illness or congenital condition that adversely affects the health of the dog (or is likely to in the future).

·         If dog has not received a veterinary exam prior to sale.

Exceptions per §4001:

·         The sale of dogs on the premises of (and by) a public shelter, pound or other nonprofit entity; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

Purchaser’s remedies set forth in § 4005.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4004 Record keeping

N/S

Requires maintenance of the written record on the health, status and disposition of each dog sold for 2 years following the sale. The record must contain all of the information required to be disclosed by §§ 4002 and 4003. Records must be available to animal control and law enforcement officers for inspection and copying during normal business hours.

Exceptions per §4001:

·         The sale of dogs on the premises of (and by) a public shelter, pound or other nonprofit entity; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

Purchaser’s remedies set forth in § 4005.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4005 Purchaser remedies (dogs)

N/S

Allows a purchaser to obtain remedies if:

·         Within 20 days after the purchase, a vet states in writing that dog suffers or has died from an illness, disease or other defect adversely affecting the dog's health that existed on or before delivery; or

·         Within 2 years of purchase, a vet states in writing that the dog possesses or has died from a congenital condition adversely affecting the health of the dog or that requires hospitalization or nonelective surgery.
 

Exceptions per §§ 4001, 4005, and 4007):

·         Illness or death resulted from maltreatment or neglect (or from injury sustained or illness contracted) after delivery;

·         Purchaser failed to carry out the recommended treatment prescribed by vet who made the initial diagnosis (exception: if the cost of treatment and vet's fee would exceed the purchase price of the dog);

·         Illness, disease or condition was disclosed at the time of sale;

·         Purchaser fails to return all documents provided for registering the dog;

·         If a refund for reasonable vet expenses is being requested, the vet statement must be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital condition;

·         Parasites (unless they make dog clinically ill);

·         The sale of dogs on the premises of (and by) a public shelter, pound or other nonprofit entity; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

Purchaser may choose either remedy:

·         To return the dog for a full refund of purchase price and reimbursement for reasonable vet fees (maximum is original purchase price);

·         To exchange the dog for one of purchaser's choice having comparable value (if a replacement is available) and receive reimbursement for reasonable vet fees (maximum is original purchase price); or

·         To retain the dog and receive reimbursement for reasonable vet fees (maximum is original purchase price).

Unless contested, refunds and reimbursement must be paid by dealer /seller no later than 10 business days after receipt of vet statement required by §4006.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4006 Purchaser’s obligations

N/S

Exceptions per §4001:

·         The sale of dogs on the premises of (and by) a public shelter, pound or other nonprofit entity; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

To obtain the remedy under §4005, the purchaser must:

·         Notify seller within 10 days after the diagnosis by a vet of a medical or health problem, and provide the name and telephone number of the vet;

·         For illness or disease, provide a written statement from a vet within 10 days of diagnosis stating that dog is clinically ill, suffers from a congenital condition, or has symptoms of a contagious disease that existed on or before delivery and adversely affects the health of the dog;

·         At seller’s request, purchaser must take the dog for an exam by a vet of seller’s choosing and cost;

·         For death, seller may have his or her vet perform a necropsy.

Vet’s statement must include:

·         Purchaser's name and address;

·         Dates examined;

·         Breed and age, if known;

·         That the vet examined the dog;

·         That the dog has an illness or condition subject to a remedy under §4005; and

·         Precise findings of exam or necropsy, including lab results or copies of them.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4008 Contested cases

N/S

N/A

If seller is contesting the remedy, seller may (except in the case of death) have the dog examined by a licensed vet of seller’s choosing and expense. 

 

If, following examination of the animal by the seller's chosen veterinarian, the purchaser and the seller are unable to reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.

 

The purchaser can obtain attorney's fees and court costs if seller acted in bad faith in denying the remedy.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4009 Notice

N/S

Requires posting a notice in a conspicuous location stating that purchasers of animals have specific rights under law and that a written statement of such rights is available on request.  The notice must be in 100-point type and state:

"Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request."

Sellers must (at the time of sale or on request by prospective purchaser) provide a written notice of rights. The notice must be signed by the parties at sale (acknowledging receipt).

Sellers of animals sold with the representation that the animals are purebred must provide to purchaser the following written notice, signed by purchaser and seller at sale:

"A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."

Exceptions per §4001:

·         The sale of dogs on the premises of (and by) a public shelter, pound or other entity operating as a nonprofit organization under Delaware law; and

·         Persons selling fewer than 20 dogs or 3 litters (whichever is greater) in a single calendar year.

Purchaser’s remedies set forth in § 4005.

(Commerce And Trade – Other Laws Relating To Commerce And Trade  – Pet Warranties)

Del. Code Ann. tit. 6,  §4011 Mis-representation as to registration or breed; remedies

N/S

Prohibits a seller from representing (directly or indirectly) to a purchaser that an animal is pedigreed unless the seller provides to the seller the documents necessary for registration within 120 days after sale.

[Remedy also applies if seller made a material misrepresentation regarding the animal’s breed.]

Purchaser can:

·         retain the animal and receive a refund of 75% of purchase price; or

·         return the animal (and all documentation) for a full refund.

Purchaser must provide written notice to the seller.