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SOUTH CAROLINA
(Animals, Livestock And Poultry – Diseases And Infections – General
Provisions) §47-13-160 Fitness of registered companion dog or cat for
sale; definitions; certifications; remedies |
1993 |
Prohibits dealers,
shops and breeders from selling a registered companion dog or cat
without providing a statement certifying that the animal has received an
infectious disease inoculation. The inoculation must be suitable for age
and species and must have been given within 14 days (if under 6 months of
age) or within previous 90 days (if over 6 months). Proof of vaccination
must be provided at sale, along with “Election of Options” notice.
When purchaser presents a certification of
unfitness, seller must confirm purchaser's election in writing and provide
purchaser a copy. [See the statute for language required in the
certification.]
[See §47-9-40, which prohibits
altering the teeth of a horse or mule for deception as to the age of the
animal.] |
If, within 14 days of sale of a registered
dog or cat, a vet certifies animal to be unfit for purchase due to a
noncongenital condition or within 6 months due to a hereditary condition,
a purchaser may elect either:
·
To return the animal and receive refund of
the purchase price including tax, and reimbursement of vet fees (incurred
before purchaser's receipt of certification). Maximum reimbursement
for fees is 50% of purchase price
including tax.
·
To retain animal and receive reimbursement
for vet fees (incurred before purchaser's receipt of certification) and
future cost of fees in curing or attempting to cure animal. Maximum
liability is 50% of purchase price including tax.
·
To return animal and receive an animal of the
purchaser's choice of equivalent value and reimbursement of vet fees
(incurred before purchaser's receipt of the certification). Maximum
reimbursement for fees is 50% of purchase price including tax.
·
To receive full refund of the purchase price
including tax, or an animal of purchaser's choice of equivalent value, and
reimbursement of vet fees if death occurs within 14 days of date of
purchaser’s possession (except where death occurs by accident or
injury sustained during that period). Maximum liability is 50% of purchase
price including tax.
Seller must
accept vet certification delivered by purchaser within 5 days of
purchaser's receipt of it. The certification must contain:
·
Name of owner;
·
Date of exam;
·
Breed, color, sex, and age;
·
Findings;
·
That vet certifies animal to be unfit for
purchase;
·
Itemized statement of vet fees incurred;
·
Where animal is curable, an estimated fee to
cure the animal;
·
Where the animal has died, a statement
setting forth probable cause of death; and
·
Name and address of the certifying vet and
date of certification.
If seller refuses to refund purchase price
and fees, the purchaser may file a lawsuit. If the court finds the seller
in violation, the court must award the purchaser 2x the purchase price and
vet fees, attorney's fees, and costs. |
