2013 Maryland Code
BUSINESS REGULATION
§ 19-705 - Purchaser remedies

§19-705.

(a) (1) A person who purchased a dog from a retail pet store is entitled to a remedy under this section if:

(i) within 7 days after the date of the sale, the person had the dog examined by a veterinarian licensed in the State and, within 14 days after the date of the sale, the licensed veterinarian states in writing that the dog suffers from or has died of a disease or illness adversely affecting the health of the dog and that existed in the dog on or before the date of delivery to the purchaser; or

(ii) within 180 days after the date of the sale, a licensed veterinarian states in writing that the dog possesses or has died of a congenital or hereditary condition adversely affecting the health of the dog or that requires hospitalization or a nonelective surgical procedure.

(2) Intestinal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog clinically ill.

(b) (1) A purchaser entitled to a remedy under subsection (a) of this section may:

(i) return the dog to the retail pet store for a full refund of the purchase price;

(ii) exchange the dog for another dog of comparable value chosen by the purchaser, if available; or

(iii) retain the dog and be reimbursed by the retail pet store for reasonable and documented veterinary fees for diagnosis and treatment of the dog, not exceeding the purchase price of the dog.

(2) Unless the owner or operator of the retail pet store contests a reimbursement required under paragraph (1)(iii) of this subsection, the reimbursement shall be made to the purchaser no later than 10 business days after the retail pet store receives the veterinarian’s statement under subsection (c) of this section.

(c) To obtain a remedy under this section, a purchaser shall provide to the owner or operator of the retail pet store, within 5 business days after receipt, a written statement from a licensed veterinarian that the dog suffers from or has died of a disease, illness, or congenital or hereditary condition adversely affecting the health of the dog and that existed in the dog on or before the date of delivery to the purchaser.

(d) A purchaser is not entitled to a remedy under this section if:

(1) the illness or death resulted from:

(i) maltreatment or neglect by the purchaser;

(ii) an injury sustained after the delivery of the dog to the purchaser; or

(iii) an illness or disease contracted after the delivery of the dog to the purchaser;

(2) the purchaser does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis; or

(3) the illness, disease, or congenital or hereditary condition was disclosed at the time of purchase.