(a) If, within 14 days after the date of its purchase, a dog is determined, through physical examination by a licensed veterinarian, to have a contagious or infectious illness or to be clinically ill from a parasitic illness on or before the date of the sale of the dog, the purchaser may, except as provided in subsection (d) below, exercise one of the following options:
(1) Return the dog to the seller for a complete refund, including sales tax; or
(2) Return the dog to the seller for a replacement dog of equal value, if a replacement dog is available. Remedies under this subsection (a) shall also apply to replacement dogs.
(b) If, within 30 days after the date of purchase, a dog is certified, through physical examination or necropsy by a veterinarian, to be in poor health or to have died due to a health defect which is congenital or hereditary, the purchaser may, except as provided in subsection (d) below, exercise one of the following options:
(1) Return the dog to the seller for a complete refund, including sales tax; or
(2) Return the dog to the seller for a replacement dog of equal value, if a replacement dog is available. Remedies under this subsection (b) shall also apply to replacement dogs.
(c) (1) All documentation necessary to effect the registration of the dog shall be provided by the seller to the owner within 120 days of the date of sale. The seller may claim an extension of the 120-day period by notifying the purchaser in writing of any circumstances beyond his or her control which may preclude delivery of the registration document within the 120-day period. The seller shall provide the purchaser with a bona fide estimate of the time needed to provide the documentation for registration. Failure of the seller to so notify the purchaser will grant the purchaser the immediate right to request a refund.
(2) If the seller fails to provide this documentation within 120 days of the date of sale or to notify the purchaser of any extension, the purchaser may elect one of the following remedies:
A. Return the dog and receive a full refund, including sales tax; or
B. Retain the dog and receive a refund from the seller in an amount equal to 50% of the purchase price.
(d) A finding by a veterinarian of intestinal and external parasites shall not be grounds for declaring the dog unfit for sale unless the dog is clinically ill due to the condition. A dog shall not be found unfit for sale on account of injury sustained or illness contracted subsequent to the date of sale. This section shall not apply where a seller, by providing the health record of the dog in accordance with § 1808.06, disclosed verbally and in writing prior to the time of sale the health problem for which the buyer later seeks to return the dog.
(Ord. 739, passed 7-19-1995)