2014 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 40. PET WARRANTIES
§ 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.;