BUYING A SICK ANIMAL: HOW TO REACT AND WHAT ARE YOUR RIGHTS?
The arrival of a puppy or kitten is often described as a dream. But when this dream turns into a nightmare with the onset of a serious illness a few days after the purchase, the initial excitement gives way to a veterinary emergency and usually financial hardship.
Unfortunately, French animal law, governed by the Rural Code, is very strict, and the time limits for taking action are extremely short.
ServicesPourAnimaux explains the steps to take immediately and how to assert your rights against the seller or dog or cat breeder if the two parties cannot reach an amicable agreement.
1. Veterinary Emergency and Establishing the Defect
Your first instinct should not be to seek legal recourse but to prioritize the health of your dog or cat.
_ Veterinary emergency: Consult a veterinarian immediately and do not delay because the time limit for the legal procedure starts from the delivery of the pet.
_ Certificate of Suspicion: If the veterinarian suspects a serious illness, they must provide you with a certificate of suspicion. This document is the key piece of evidence for initiating legal action with the assistance of an animal law attorney.
_ Disease and Time Limits: The law only recognizes latent defects such as very specific contagious and hereditary diseases. The time limits for obtaining this certificate are often only a few days after acquiring the animal.
For acquiring a dog: The time limits are 5 days for Parvovirus, 6 days for Infectious Hepatitis, and 8 days for Distemper.
For acquiring a cat: The time limits are 5 days for Feline Infectious Leukopenia and 21 days for Feline Infectious Peritonitis (FIP).
2. Legal Remedies and Mandatory Time Limits
Once the certificate of suspicion is obtained, the buyer has two main avenues of recourse:
A. Action for latent defects under the Rural Code. This is the fastest but also the most restrictive action.
_ Conditions: The defect must be one of the diseases listed in the Rural Code, and it must be proven that the problem existed, at least in embryonic form, at the time of sale.
_ Time limit for legal action: The buyer must sue the seller within 30 days of receiving the animal. This deadline is crucial and non-negotiable.
_ Outcome: If the action is successful, the buyer can request the cancellation of the sale and the return of the animal with a full refund or, in some cases, reimbursement of veterinary expenses incurred.
B. General warranty claim (hidden defect or lack of conformity).
For diseases not listed in the Rural Code, such as hip dysplasia, which develops later, the legal process is longer but broader:
_ Time limit: The action must be filed within 2 years of discovering the defect.
_ Proof: The buyer must prove that the defect renders the animal unfit for its intended use and that it existed at the time of sale, which requires a thorough veterinary examination.
3. The crucial role of veterinary and legal expertise
In these disputes, emotion is not enough. Only medical facts and adherence to deadlines matter.
_ The expert veterinarian: It is essential to consult a veterinarian who can accurately diagnose the condition and issue the certificate according to legal requirements.
_ The specialized lawyer: Given the extremely short deadlines stipulated by the Rural Code, the intervention of an animal law attorney is strongly recommended to prevent your case from being dismissed simply due to a missed deadline.
In summary: If you are facing this situation, don't waste any time! Contact a veterinarian immediately, then contact an animal law attorney near you.
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