As used in this chapter, the following words shall have the meaning ascribed to them:
(1) "Clinically ill" means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing
of the dog.
(2) "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of an
animal or to correct a condition that would interfere with the animal's ability to walk, run, jump or otherwise function in
a normal manner.
(3) "Purchaser" means any person purchasing a dog from a seller, as defined by this section.
(4) "Seller" means any person, business or other entity engaging in the sale of dogs, except that this definition does not
encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization
pursuant to Delaware law. Persons selling fewer than 20 dogs, or 3 litters, whichever is greater, in a single calendar year
shall be exempt from the provisions of this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4002. Information provided at time of sale.
(a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following
information:
(1) The date of the animal's birth, if known; the breeder's name and address, if known; and the date the seller received the
animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide
the name and address of the person who sold or gave the animal to the seller.
(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from
a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo
or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.
(3) If the animal is being sold as registrable, the names and registration numbers of the sire and dam, and the litter number.
(4) A record of any inoculations and worming treatments administered to the animal as of the time of sale, to the extent known,
including dates of administration and the type of vaccine or worming treatment.
(5) A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession
of the seller.
72 Del. Laws, c. 293, § 1.;
§ 4003. Seller disclosure.
(a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided
at the time of sale, which shall include:
(1) A statement by the seller:
a. That the animal has no known disease or illness, nor any known congenital or hereditary condition that adversely affects
the health of the animal at the time of sale or is likely to adversely affect the health of such animal in the future; or
b. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at
the time of sale or is likely to adversely affect the health of the animal in the future.
(b) If the animal has not received a veterinary examination prior to sale, this fact shall be disclosed to the purchaser in
writing.
72 Del. Laws, c. 293, § 1.;
§ 4004. Record keeping.
A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period
of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed
pursuant to § 4002 and § 4003 of this title. Those records shall be available to animal control officers and law enforcement
officers for inspection and copying during normal business hours.
72 Del. Laws, c. 293, § 1.;
§ 4005. Purchaser remedies.
(a) A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller,
1 of the following subdivisions becomes applicable.
(1) Within 20 days after purchase of the animal, a licensed veterinarian states in writing that the animal suffers or has
died from an illness, disease or other defect adversely affecting the animal's health that existed in the animal on or before
delivery to the purchaser. Intestinal or external parasites shall not be considered to adversely affect an animal's health
unless their presence makes the animal clinically ill.
(2) Within 2 years after purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has
died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization
or nonelective surgical procedures.
(b) A purchaser entitled to a remedy pursuant to this section may elect only 1 of the following remedies:
(1) Return the animal to the seller for a full refund of the purchase price and reimbursement for reasonable veterinary fees
for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
(2) Exchange the animal for another one of purchaser's choice having comparable value, providing such replacement animal is
available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed
the original purchase price of the animal; or
(3) Retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not
to exceed the original purchase price of the animal.
(c) For purposes of this section, the veterinary fees shall be deemed reasonable if the services rendered are appropriate
for the diagnosis and treatment of the illness or congenital or hereditary condition made by the veterinarian and the cost
of such services is comparable to that charged for similar services by other licensed veterinarians in proximity to the treating
veterinarian. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
(d) Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser not
later than 10 business days following receipt of the veterinarian's statement required by § 4006 of this title, except in
cases in which the entitlement to a remedy is contested pursuant to § 4008 of this title.
72 Del. Laws, c. 293, § 1.;
§ 4006. Purchaser's obligations.
To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:
(1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian
of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice
shall include the name and telephone number of the veterinarian providing the diagnosis.
(2) In the case of illness or disease, provide a written statement from a licensed veterinarian within 10 days of diagnosis
stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious
infectious disease that existed on or before delivery to the purchaser and that adversely affects the health of the animal.
At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the
seller's choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or
her veterinarian perform a necropsy, and all other provisions of this section shall apply.
(3) The veterinarian's statement required under this section shall include all of the following:
a. The purchaser's name and address.
b. The date or dates on which the animal was examined.
c. The breed and age of the animal, if known.
d. That the veterinarian examined the animal.
e. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.
f. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.
72 Del. Laws, c. 293, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4007. Limitations.
(a) Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall
be made under any of the following conditions:
(1) The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent
to the delivery of the animal to the purchaser.
(2) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial
diagnosis. However, this subdivision shall not apply if the cost for such treatment, together with the veterinarian's fee
for diagnosis, would exceed the purchase price of the animal.
(3) The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.
(4) The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering
the animal.
(b) If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition which
is the subject of the remedy requested pursuant to this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4008. Contested cases.
(a) In the event that a seller disputes a purchaser's entitlement to a remedy under this chapter, the seller may, except in
the case of the animal's death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such
examination shall be borne by the seller.
(b) If, following examination of the animal by the seller's chosen veterinarian, the purchaser and the seller are unable to
reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve
the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court
having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.
(c) The purchaser in any such legal action shall have the right to collect reasonable attorney's fees and court costs if the
opposing party acted in bad faith in seeking or denying the requested remedy.
72 Del. Laws, c. 293, § 1.;
§ 4009. Notice.
(a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under
law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall
read as follows:
"Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written
copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request."
(b) Every seller shall, at the time of sale or upon the request of a prospective purchaser, provide a written notice of rights
under this chapter. Such notice shall be signed by the purchaser and seller at the time of sale acknowledging receipt.
(c) Every seller of an animal sold with the representation that the animal is registered or registrable with a registry shall,
in addition to the above notices, provide purchaser a written notice, signed by purchaser and seller at time of sale, which
shall read as follows:
"A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."
72 Del. Laws, c. 293, § 1.;
§ 4010. Additional legal remedies.
(a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other
law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional
terms and conditions that are not inconsistent with this chapter. No waiver of rights under this chapter shall be effective.
(b) Nothing in this chapter shall limit prosecution for violation of any criminal statute or of Chapter 25 of this title or
of any other law.
(c) Nothing in this chapter shall preclude the imposition of punitive damages otherwise available at law.
72 Del. Laws, c. 293, § 1.;
§ 4011. Misrepresentation as to registration or breed; remedies.
(a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered
or capable of being registered with an animal registering organization unless the seller provides the purchaser with the documents
necessary for that registration with 120 days following the date of sale of such animal.
(b) In the event that a seller fails to provide documents necessary for registration within 120 days following the date of
sale, the purchaser shall, upon written notice to the seller, be entitled to retain the animal and receive a partial refund
of 75 percent of the purchase price or return the animal along with all documentation previously provided the purchaser for
a full refund. Remedies under this section shall also be available where there was a material misrepresentation in connection
with the sale as to the breed of the animal.
As used in this chapter, the following words shall have the meaning ascribed to them:
(1) "Clinically ill" means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing
of the dog.
(2) "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of an
animal or to correct a condition that would interfere with the animal's ability to walk, run, jump or otherwise function in
a normal manner.
(3) "Purchaser" means any person purchasing a dog from a seller, as defined by this section.
(4) "Seller" means any person, business or other entity engaging in the sale of dogs, except that this definition does not
encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization
pursuant to Delaware law. Persons selling fewer than 20 dogs, or 3 litters, whichever is greater, in a single calendar year
shall be exempt from the provisions of this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4002. Information provided at time of sale.
(a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following
information:
(1) The date of the animal's birth, if known; the breeder's name and address, if known; and the date the seller received the
animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide
the name and address of the person who sold or gave the animal to the seller.
(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from
a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo
or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.
(3) If the animal is being sold as registrable, the names and registration numbers of the sire and dam, and the litter number.
(4) A record of any inoculations and worming treatments administered to the animal as of the time of sale, to the extent known,
including dates of administration and the type of vaccine or worming treatment.
(5) A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession
of the seller.
72 Del. Laws, c. 293, § 1.;
§ 4003. Seller disclosure.
(a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided
at the time of sale, which shall include:
(1) A statement by the seller:
a. That the animal has no known disease or illness, nor any known congenital or hereditary condition that adversely affects
the health of the animal at the time of sale or is likely to adversely affect the health of such animal in the future; or
b. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at
the time of sale or is likely to adversely affect the health of the animal in the future.
(b) If the animal has not received a veterinary examination prior to sale, this fact shall be disclosed to the purchaser in
writing.
72 Del. Laws, c. 293, § 1.;
§ 4004. Record keeping.
A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period
of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed
pursuant to § 4002 and § 4003 of this title. Those records shall be available to animal control officers and law enforcement
officers for inspection and copying during normal business hours.
72 Del. Laws, c. 293, § 1.;
§ 4005. Purchaser remedies.
(a) A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller,
1 of the following subdivisions becomes applicable.
(1) Within 20 days after purchase of the animal, a licensed veterinarian states in writing that the animal suffers or has
died from an illness, disease or other defect adversely affecting the animal's health that existed in the animal on or before
delivery to the purchaser. Intestinal or external parasites shall not be considered to adversely affect an animal's health
unless their presence makes the animal clinically ill.
(2) Within 2 years after purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has
died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization
or nonelective surgical procedures.
(b) A purchaser entitled to a remedy pursuant to this section may elect only 1 of the following remedies:
(1) Return the animal to the seller for a full refund of the purchase price and reimbursement for reasonable veterinary fees
for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
(2) Exchange the animal for another one of purchaser's choice having comparable value, providing such replacement animal is
available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed
the original purchase price of the animal; or
(3) Retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not
to exceed the original purchase price of the animal.
(c) For purposes of this section, the veterinary fees shall be deemed reasonable if the services rendered are appropriate
for the diagnosis and treatment of the illness or congenital or hereditary condition made by the veterinarian and the cost
of such services is comparable to that charged for similar services by other licensed veterinarians in proximity to the treating
veterinarian. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
(d) Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser not
later than 10 business days following receipt of the veterinarian's statement required by § 4006 of this title, except in
cases in which the entitlement to a remedy is contested pursuant to § 4008 of this title.
72 Del. Laws, c. 293, § 1.;
§ 4006. Purchaser's obligations.
To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:
(1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian
of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice
shall include the name and telephone number of the veterinarian providing the diagnosis.
(2) In the case of illness or disease, provide a written statement from a licensed veterinarian within 10 days of diagnosis
stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious
infectious disease that existed on or before delivery to the purchaser and that adversely affects the health of the animal.
At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the
seller's choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or
her veterinarian perform a necropsy, and all other provisions of this section shall apply.
(3) The veterinarian's statement required under this section shall include all of the following:
a. The purchaser's name and address.
b. The date or dates on which the animal was examined.
c. The breed and age of the animal, if known.
d. That the veterinarian examined the animal.
e. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.
f. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.
72 Del. Laws, c. 293, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4007. Limitations.
(a) Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall
be made under any of the following conditions:
(1) The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent
to the delivery of the animal to the purchaser.
(2) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial
diagnosis. However, this subdivision shall not apply if the cost for such treatment, together with the veterinarian's fee
for diagnosis, would exceed the purchase price of the animal.
(3) The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.
(4) The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering
the animal.
(b) If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition which
is the subject of the remedy requested pursuant to this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4008. Contested cases.
(a) In the event that a seller disputes a purchaser's entitlement to a remedy under this chapter, the seller may, except in
the case of the animal's death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such
examination shall be borne by the seller.
(b) If, following examination of the animal by the seller's chosen veterinarian, the purchaser and the seller are unable to
reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve
the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court
having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.
(c) The purchaser in any such legal action shall have the right to collect reasonable attorney's fees and court costs if the
opposing party acted in bad faith in seeking or denying the requested remedy.
72 Del. Laws, c. 293, § 1.;
§ 4009. Notice.
(a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under
law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall
read as follows:
"Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written
copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request."
(b) Every seller shall, at the time of sale or upon the request of a prospective purchaser, provide a written notice of rights
under this chapter. Such notice shall be signed by the purchaser and seller at the time of sale acknowledging receipt.
(c) Every seller of an animal sold with the representation that the animal is registered or registrable with a registry shall,
in addition to the above notices, provide purchaser a written notice, signed by purchaser and seller at time of sale, which
shall read as follows:
"A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."
72 Del. Laws, c. 293, § 1.;
§ 4010. Additional legal remedies.
(a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other
law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional
terms and conditions that are not inconsistent with this chapter. No waiver of rights under this chapter shall be effective.
(b) Nothing in this chapter shall limit prosecution for violation of any criminal statute or of Chapter 25 of this title or
of any other law.
(c) Nothing in this chapter shall preclude the imposition of punitive damages otherwise available at law.
72 Del. Laws, c. 293, § 1.;
§ 4011. Misrepresentation as to registration or breed; remedies.
(a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered
or capable of being registered with an animal registering organization unless the seller provides the purchaser with the documents
necessary for that registration with 120 days following the date of sale of such animal.
(b) In the event that a seller fails to provide documents necessary for registration within 120 days following the date of
sale, the purchaser shall, upon written notice to the seller, be entitled to retain the animal and receive a partial refund
of 75 percent of the purchase price or return the animal along with all documentation previously provided the purchaser for
a full refund. Remedies under this section shall also be available where there was a material misrepresentation in connection
with the sale as to the breed of the animal.
As used in this chapter, the following words shall have the meaning ascribed to them:
(1) "Clinically ill" means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing
of the dog.
(2) "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of an
animal or to correct a condition that would interfere with the animal's ability to walk, run, jump or otherwise function in
a normal manner.
(3) "Purchaser" means any person purchasing a dog from a seller, as defined by this section.
(4) "Seller" means any person, business or other entity engaging in the sale of dogs, except that this definition does not
encompass the sale of dogs on the premises of and by a public shelter, pound or other entity operating as a nonprofit organization
pursuant to Delaware law. Persons selling fewer than 20 dogs, or 3 litters, whichever is greater, in a single calendar year
shall be exempt from the provisions of this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4002. Information provided at time of sale.
(a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following
information:
(1) The date of the animal's birth, if known; the breeder's name and address, if known; and the date the seller received the
animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide
the name and address of the person who sold or gave the animal to the seller.
(2) The breed, sex and color of the animal, and identifying marks existing at the time of sale, if any. If the animal is from
a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo
or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.
(3) If the animal is being sold as registrable, the names and registration numbers of the sire and dam, and the litter number.
(4) A record of any inoculations and worming treatments administered to the animal as of the time of sale, to the extent known,
including dates of administration and the type of vaccine or worming treatment.
(5) A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession
of the seller.
72 Del. Laws, c. 293, § 1.;
§ 4003. Seller disclosure.
(a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided
at the time of sale, which shall include:
(1) A statement by the seller:
a. That the animal has no known disease or illness, nor any known congenital or hereditary condition that adversely affects
the health of the animal at the time of sale or is likely to adversely affect the health of such animal in the future; or
b. Of any known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at
the time of sale or is likely to adversely affect the health of the animal in the future.
(b) If the animal has not received a veterinary examination prior to sale, this fact shall be disclosed to the purchaser in
writing.
72 Del. Laws, c. 293, § 1.;
§ 4004. Record keeping.
A seller shall maintain the written record on the health, status and disposition of each dog sold by the seller for a period
of not less than 2 years following such sale. The record shall also contain all of the information required to be disclosed
pursuant to § 4002 and § 4003 of this title. Those records shall be available to animal control officers and law enforcement
officers for inspection and copying during normal business hours.
72 Del. Laws, c. 293, § 1.;
§ 4005. Purchaser remedies.
(a) A purchaser is entitled to a remedy from a seller pursuant to this section if after the purchase of a dog from such seller,
1 of the following subdivisions becomes applicable.
(1) Within 20 days after purchase of the animal, a licensed veterinarian states in writing that the animal suffers or has
died from an illness, disease or other defect adversely affecting the animal's health that existed in the animal on or before
delivery to the purchaser. Intestinal or external parasites shall not be considered to adversely affect an animal's health
unless their presence makes the animal clinically ill.
(2) Within 2 years after purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has
died from a congenital or hereditary condition adversely affecting the health of the animal or that requires hospitalization
or nonelective surgical procedures.
(b) A purchaser entitled to a remedy pursuant to this section may elect only 1 of the following remedies:
(1) Return the animal to the seller for a full refund of the purchase price and reimbursement for reasonable veterinary fees
for diagnosis and treatment in an amount not to exceed the original purchase price of the animal.
(2) Exchange the animal for another one of purchaser's choice having comparable value, providing such replacement animal is
available, and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not to exceed
the original purchase price of the animal; or
(3) Retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount not
to exceed the original purchase price of the animal.
(c) For purposes of this section, the veterinary fees shall be deemed reasonable if the services rendered are appropriate
for the diagnosis and treatment of the illness or congenital or hereditary condition made by the veterinarian and the cost
of such services is comparable to that charged for similar services by other licensed veterinarians in proximity to the treating
veterinarian. A veterinary fee shall be presumed reasonable in the absence of evidence to the contrary.
(d) Refunds and payment of reimbursable expenses pursuant to this section shall be made by the seller to the purchaser not
later than 10 business days following receipt of the veterinarian's statement required by § 4006 of this title, except in
cases in which the entitlement to a remedy is contested pursuant to § 4008 of this title.
72 Del. Laws, c. 293, § 1.;
§ 4006. Purchaser's obligations.
To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:
(1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian
of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice
shall include the name and telephone number of the veterinarian providing the diagnosis.
(2) In the case of illness or disease, provide a written statement from a licensed veterinarian within 10 days of diagnosis
stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious
infectious disease that existed on or before delivery to the purchaser and that adversely affects the health of the animal.
At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the
seller's choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or
her veterinarian perform a necropsy, and all other provisions of this section shall apply.
(3) The veterinarian's statement required under this section shall include all of the following:
a. The purchaser's name and address.
b. The date or dates on which the animal was examined.
c. The breed and age of the animal, if known.
d. That the veterinarian examined the animal.
e. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.
f. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.
72 Del. Laws, c. 293, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4007. Limitations.
(a) Notwithstanding any other provisions of this chapter, no refund, replacement or reimbursement of veterinary fees shall
be made under any of the following conditions:
(1) The illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted subsequent
to the delivery of the animal to the purchaser.
(2) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial
diagnosis. However, this subdivision shall not apply if the cost for such treatment, together with the veterinarian's fee
for diagnosis, would exceed the purchase price of the animal.
(3) The illness, disease or condition was disclosed at the time of sale pursuant to § 4003 of this title.
(4) The purchaser fails to return to the seller all documents previously provided to the purchaser for the purpose of registering
the animal.
(b) If a refund for reasonable veterinary expenses is being requested, the veterinary statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition which
is the subject of the remedy requested pursuant to this chapter.
72 Del. Laws, c. 293, § 1.;
§ 4008. Contested cases.
(a) In the event that a seller disputes a purchaser's entitlement to a remedy under this chapter, the seller may, except in
the case of the animal's death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such
examination shall be borne by the seller.
(b) If, following examination of the animal by the seller's chosen veterinarian, the purchaser and the seller are unable to
reach an agreement within 10 business days, the purchaser may initiate an action in a court of competent jurisdiction to resolve
the dispute, or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing. Any court
having jurisdiction in a damages or trespass action for the amount in controversy shall have jurisdiction under this chapter.
(c) The purchaser in any such legal action shall have the right to collect reasonable attorney's fees and court costs if the
opposing party acted in bad faith in seeking or denying the requested remedy.
72 Del. Laws, c. 293, § 1.;
§ 4009. Notice.
(a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under
law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall
read as follows:
"Purchasers of dogs from this seller are entitled to specific rights under the law. Purchasers must be provided a written
copy of such rights at the time of sale. Prospective purchasers may receive a copy of such rights from the seller upon request."
(b) Every seller shall, at the time of sale or upon the request of a prospective purchaser, provide a written notice of rights
under this chapter. Such notice shall be signed by the purchaser and seller at the time of sale acknowledging receipt.
(c) Every seller of an animal sold with the representation that the animal is registered or registrable with a registry shall,
in addition to the above notices, provide purchaser a written notice, signed by purchaser and seller at time of sale, which
shall read as follows:
"A pedigree or a registration does not assure proper breeding condition, health, quality or claims to lineage."
72 Del. Laws, c. 293, § 1.;
§ 4010. Additional legal remedies.
(a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other
law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional
terms and conditions that are not inconsistent with this chapter. No waiver of rights under this chapter shall be effective.
(b) Nothing in this chapter shall limit prosecution for violation of any criminal statute or of Chapter 25 of this title or
of any other law.
(c) Nothing in this chapter shall preclude the imposition of punitive damages otherwise available at law.
72 Del. Laws, c. 293, § 1.;
§ 4011. Misrepresentation as to registration or breed; remedies.
(a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered
or capable of being registered with an animal registering organization unless the seller provides the purchaser with the documents
necessary for that registration with 120 days following the date of sale of such animal.
(b) In the event that a seller fails to provide documents necessary for registration within 120 days following the date of
sale, the purchaser shall, upon written notice to the seller, be entitled to retain the animal and receive a partial refund
of 75 percent of the purchase price or return the animal along with all documentation previously provided the purchaser for
a full refund. Remedies under this section shall also be available where there was a material misrepresentation in connection
with the sale as to the breed of the animal.