South Carolina Puppy Lemon Law
South Carolina, like many other states, has a law to protect the buyer, the seller and the puppy. You will find below the South Carolina Puppy Lemon Law. This law applies to anyone who sells a puppy in South Carolina. This includes large and small breeders (even those that have a litter from their beloved indoor pet) pet stores, veterinarians, rescue groups, etc.
Please read the law carefully and know that no matter what contract you may have to sign, this law supersedes that document. Ask the breeder you buy a puppy from about this law...they should be knowledgeable about the law and the law should be part of your contract as it in mine. Do not let them tell you their agreement addresses all points in the Law. Print this and take it with you when you go look at puppies. Compare their Agreement/Guarantee w/what is outlined in the SC Puppy Lemon Law. Ask your vet about this law. Be an informed buyer, perform your due diligence in purchasing your family pet. Buy from a breeder who follows the law! It is one more way to show you, the buyer, they ARE reputable and want to provide a QUALITY pet to you!
Be aware that when you are buying a puppy out of state, the state where the puppy is purchased from are the laws governing the sale and guarantee of the puppy. Do your homework, ask the breeder about the laws in their state, know your rights and be an informed buyer.
For information on Puppy Lemon Laws in other states CLICK HERE.
Contagious/Infectious, Hereditary Disease Guarantee
This guarantee is per the South Carolina Puppy Lemon Law which states the following:
Buyer agrees to take their companion dog to a veterinarian within 72 hours of leaving Seller. This veterinarian appointment must include an overall health exam and fecal exam.
If at any time within fourteen days following the sale and delivery of a companion dog to the purchaser, a licensed veterinarian certifies the Puppy to be unfit for purchase due to a non-congenital cause or condition or within six months certifies your Puppy to be unfit for purchase due to a congenital or hereditary cause or condition, the purchaser has the right to elect one of the following options. Parvovirus is excluded from the fourteen days. Parvovirus must be diagnosed by five days following the sale and delivery of the companion dog for the law to be in effect.
1. the right to return the Puppy and receive a refund of the purchase price, including sales tax, and reimbursement of the veterinary fees incurred before the purchaser's receipt of the veterinary certification. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the Puppy;
2. the right to retain the Puppy and to receive reimbursement for veterinary fees incurred before the purchaser's receipt of the veterinary certification and the future cost of veterinary fees to be incurred in curing or attempting to cure the Puppy. The seller's liability under this option must not exceed fifty percent of the purchase price, including sales tax, of the Puppy;
3. the right to return the Puppy and to receive in exchange a Puppy of the purchaser's choice, of equivalent value, and reimbursement of veterinary fees incurred before the purchaser's receipt of the veterinary certification. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the Puppy;
4. the right to receive a full refund of the purchase price, including sales tax, for the Puppy or, in exchange, a Puppy of the purchaser's choice of equivalent value, and reimbursement of veterinary fees incurred before the death of the Puppy if the death occurs within fourteen days of the date the purchaser takes possession, except where death occurs by accident or injury sustained during that period. The seller's liability for veterinary fees under this option must not exceed fifty percent of the purchase price, including sales tax, of the Puppy.
The seller shall accept the veterinary certification of unfitness delivered by the purchaser within five days following the purchaser's receipt of it. The certification must contain:
1. Name of the owner;
2. the date/dates of examination;
3. the breed, color, sex and age of the Puppy
4. a statement of the veterinarian findings;
5. a statement that the veterinarian certifies the Puppy to be unfit for purchase;
6. an itemized statement of veterinary fees incurred as of the date of the certification;
7. where the Puppy is curable, the estimated fee to cure the Puppy;
8. where the Puppy has died, a statement setting forth the probable cause of death; and
9. the name and address of the certifying veterinarian and the date of the certification.
When the purchaser presents a veterinary certification of unfitness to the seller, the seller must confirm the purchaser's election in writing.
Where the Puppy has died, the veterinarian shall hold the carcass until the Seller is reached to make arrangements for autopsy.
