Increase in pets being bought in lockdown – Know your rights

People working at home during the pandemic has meant an increase in pet ownership, as people consider what they can do to improve their surroundings. Pets are considered ‘goods’ in the eyes of the law, The Consumer Rights Act 2015 stipulates that goods must:

1. Be of satisfactory quality.
2. Be fit for a particular purpose.
3. Be as described.

Before buying a new pet, you should consider where you are purchasing them from, what information you have about your pet, the information provided to you and the answers to any questions you have raised, how you paid and any written documentation. These factors will affect how string your consumer rights are should anything go wrong.

The customers rights under the Consumer Rights Act relate to purchases from business sellers (if the breeder makes money from breeding an animal, whether or not they are licensed, they will be deemed a business seller). If these consumer rights are breached, the customer may be entitled to reject the goods and receive a refund or to request a replacement. If shortly after buying a pet it is discovered it has an illness, or it dies, the customer would have the same rights as they would for any other item bought.

Proving whether a pet is of satisfactory quality and fit for purpose can be difficult and any dispute would boil down to the tricky question of what it would have been reasonable for the seller to have known. When purchasing a pet, the customer should look for any visible problems or issues before buying.

Buying from a private seller

The customer has fewer rights when they are purchasing a pet from a private seller. They only have the right for the goods to match the description - for the pet to be ‘as described’. Contractual rules about misrepresentation do apply however, so, legally, the seller must:

• Accurately describe the animal. For example, an advert must not say the puppy is an Alaskan Malamute when it is actually a Siberian Husky. Accurately describing the animal is not limited to the breed. For example, if the seller says the puppy is well socialised with other dogs, but you take it home and it attacks or is fearful of your other dog, then the puppy is not as the seller described it in the advert.

• Not misrepresent the animal. The seller must not tell the customer something about the animal which is not true. For example, the owner must say the pet has been reared in a private family home if it has not or that its vaccinations are up to date and on further investigation it only ever had its initial set, and not received its boosters, then that animal’s health has been misrepresented.

If the customer paid by credit card they will have more rights to get their money back under the chargeback scheme or Section 75 of the Consumer Credit Act 1974 if there is a dispute with the seller.

The seller does not have to volunteer extra information so the onus is on the customer to ask the relevant questions before purchasing or they may not have the full picture of the animal's history or be aware of any potential faults. If a problem occurs later on and it is something the customer did not ask about, they will not have any rights.

There are two aspects to the description: what was written and what was said when purchasing the pet. If information is not provided the customer should ask questions such as  the pet’s health, any vaccinations and/or treatments, where the animal was bred, does it have any behavioural issues, has it been microchipped, do they have proof of the breed, does it have any specific needs or requirements to care for it.

There has been an increase in puppy farming, puppies often get ill, have health conditions, or die shortly after they have been sold as they are not looked after properly. If you intend on buying a puppy from a private seller, ask them to sign a ‘puppy contract’ which is a record of a puppy’s breeding and care. This contract is legally binding and can be relied upon if the puppy does not match the description of the contract.

Soon after you bring your new pet home you should make an appointment with a vet. They can examine your pet and check its physical health and scan and check for a microchip.

Refunds within the first 30 days

If it has been 30 days or less since the pet was purchased and it has taken ill or died then the customer can ask for a full refund, this is called their short term right to reject. The Customer should be refunded within 14 days of the return of the animal or after being informed that it has died. The refund should be by the same method that it was paid.

Refunds after the first 30 days

The customer can also ask for a replacement, this should be done within a reasonable period of time and without causing them any significant inconvenience. If it is not possible for another animal, then they may decide to keep the original animal and ask for a discount or return it to the trader for a refund. If you have had the animal for more than 6 months, then the seller may be entitled to offer only a partial refund.