In Texas, if a dog just bought is sick and dies, can buyer get a refund? Here’s the law
If you unknowingly purchase a sick dog from a breeder in Texas, you may be entitled to certain legal remedies. While the state doesn’t have a puppy lemon law, dogs sold are considered ‘goods’ under the Texas Business and Commerce Code and a warranty of merchantability is implied upon the purchase of such goods.
This means the dog sold is “fit for its ordinary purpose,” and will “pass without objection in the trade. Buyers who suffer from a breach of the warranty of merchantability are protected under the state’s Deceptive Trade Practices Act, which declares that false, misleading, or deceptive practices in the conduct of any trade or commerce are unlawful.
A consumer who has a successful DTPA claim could be awarded up to three times the amount of the dog purchased if the dog was knowingly sold sick. A judge or jury will decide whether the violation was committed knowingly or not by analyzing evidence. A written notice about the issue must be given to the seller before initiating a DTPA claim.
When purchasing a dog or other companion animal, a few precautions are recommended by experts at Lawyers.com. Here are four steps you can take to protect your rights:
- Obtain a formal sales contract that details the animal’s history, training, pedigree (if applicable), immunization history, and any specific training, as well as a guarantee of health (or disclosure of any health issues).
- Even if your new pet appears healthy, take it to the vet for a checkup within a week.
- Take the animal to the veterinarian right away if it becomes sick. If it passes away, take the corpse to a veterinarian to find out if the vendor should have been aware of any conditions that could have caused the death. In either case, save all of your veterinarian’s records.
- As soon as the veterinarian diagnoses the issue, let the seller know. Reputable vendors or breeders frequently provide a refund or exchange with no questions asked.
