7 §4158. Contest - Maine Statutes

Title 7: AGRICULTURE AND ANIMALS

Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)

Chapter 745: SALE OF DOGS AND CATS HEADING: PL 1995, C. 589, §1 (NEW)

§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).