Pet Reptiles For Sale: Snakes, Geckos, Turtles & More | PetSmart

 Gallery: Some of the dogs currently for sale at Roseville Pet Store in the HarMar Mall.
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No provision of P.L.2015, c. 7 (C.56:8-95.1 et al.) shall be construed to limit or restrict any municipality, county, local health agency, or municipal or county board of health from enacting or enforcing, or interfere with the implementation of, or otherwise invalidate, any law, ordinance, rule, or regulation that places additional obligations on pet shops or restrictions on pet shops or pet shop sales.
§ 122210. Examination of dogs held for sale by pet dealers; segregation and care of sick or diseased dogs; euthanization
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All purchasers of dogs from merchants (breeders, retail pet stores, and individuals who routinely sell dogs) are protected their states’ Uniform Commercial Code (UCC). The UCC is essentially a part of state law that governs all sales and business transactions. Not only does the UCC provide some uniformity and stability to this area of law, but it also describes the rights and responsibilities of buyers and sellers. With the sale of companion animals, the UCC’s provisions concerning the sale of goods is at issue. Dogs, cats, and other companion animals are deemed “goods” under the UCC. This legal term, while not accurately reflecting the true value we place upon these creatures, gives buyers certain legal remedies. Gallery: Nate Vo and Mari Gavino held some of the dogs for sale at Roseville Pet Store in the HarMar Mall.
Photo provided by FlickrGallery: Nate Vo and Mari Gavino held some of the dogs for sale at Roseville Pet Store in the HarMar Mall.
Photo provided by Flickr(a) any breeder from which the pet shop purchased an animal, whether or not the pet shop offered the animal for sale,
Photo provided by Flickr
Buyers should be aware that an implied warranty of merchantability only applies to sales from merchants. This term means someone who deals in goods of the kind or someone who holds him or herself out to have a particular knowledge in the field. Again, this will be determined by the factual circumstances of the sale. Generally, a merchant in the pet world is limited to a retail pet shop, a breeder, or someone who routinely sells multiple litters of puppies. A neighbor down the road who has to unexpectedly sell a litter of puppies from his dog will not be considered a merchant. (For a more detailed discussion of merchants, .)Finally, two other issues often arise with pet sales: pedigreed companion animals and pets purchased over the Internet. The most famous dog registration association, the American Kennel Club, informs readers on its website that a dog’s pedigree does not in and of itself guarantee good health. Buyers of pedigreed dogs are still protected under UCC and state laws governing the sales of pets. , some states make it an additional crime for sellers to knowingly misrepresent a dog’s pedigree or registry. law and some states make it necessary for sellers to provide registration papers upon the sale of pedigreed dogs. Failure to adhere to state and contract laws governing the sale of such pets may entitle the purchaser to rescind the contract. (For a more detailed discussion of the sale of pedigreed dogs, .)An important point to remember is that several states (approximately twenty) have enacted laws that govern the sales of cats and dogs. These laws specifically set out what information a seller must provide to a buyer at the time of purchase and what remedies a buyer has if a pet is sick or “defective.” Under these laws, a buyer usually has between seven and fourteen days to have a veterinarian examine a dog. If the veterinarian finds the dog is ill or congenitally deformed, the buyer then has certain remedies. Generally, the buyer can return the dog and get a refund, return the dog and select a new dog, or keep the dog and get some compensation for veterinary expenses. The time frame and remedies available depend on the specific state’s law (ten to fourteen days is the usual). Moreover, a claim under state law does not usually bar any other claims under the UCC or common law contract actions. Buyers should also be aware that under many of these laws, sellers who intentionally or knowingly misrepresent a dog’s health or fitness may also face additional civil or criminal penalties. (For a more detailed discussion of state pet purchaser laws, .)While the old adage of caveat emptor (“let the buyer beware”) still applies to the purchase of pets, many states have recognized the need to give purchasers more leverage in these transactions. Pet stores do not cater to the savvy, veterinary-schooled purchaser, but rather to the animal lover who cannot resist those puppy-dog eyes. A contract for the sale of a pet often puts the buyer in an unequal bargaining position, as he or she depends on the seller to be forthright in an animal’s health history. The UCC and pet purchaser protection laws seek to add some balance to this sometimes emotionally-weighted transaction.