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3.2-6516 - Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to

§ 3.2-6516. Failure of pet dealer to effect registration after promise;violation of Consumer Protection Act; remedies; veterinary certification;finding of intestinal parasites; illness subsequent to sale.

A. It shall be a violation of the Virginia Consumer Protection Act (§59.1-196 et seq.) for a pet dealer to state, promise, or represent that a dogor cat is registered or capable of being registered with any animal pedigreeregistry organization if the pet dealer shall then fail to either effect suchregistration or provide the consumer with the documents necessary thereforwithin 120 days following the date of sale of such animal. In the event thata pet dealer fails to effect registration or to provide the necessarydocuments therefor within 120 days following the date of sale, the consumershall be entitled to choose one of the following options:

1. To return the animal and to receive a refund of the purchase price plussales tax; or

2. To retain the animal and to receive a refund of an amount not to exceed 50percent of the purchase price and sales tax.

B. The veterinary certification and statement required herein shall bepresented to the pet dealer not later than three business days followingreceipt thereof by the consumer and shall contain the following information:

1. The name of the owner;

2. The date or dates of the examination;

3. The breed, color, sex, and age of the animal;

4. A description of the veterinarian's findings;

5. A statement that the veterinarian certifies the animal to be unfit forpurchase; and

6. The name and address of the certifying veterinarian and the date of thecertification.

C. A veterinary finding of intestinal parasites shall not be grounds fordeclaring the animal unfit for purchase unless the animal is clinically illdue to such condition. An animal may not be found unfit for purchase onaccount of an injury sustained or illness contracted subsequent to theconsumer taking possession thereof.

(1984, c. 492, § 29-213.52; 1987, c. 488, § 3.1-796.82; 2008, c. 860.)

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