Do you love cavalier king charles, rottweiler, pomeranian loulou or collie dogs?
And to satisfy your desires to acquire this animal, are you willing to spend hundreds or even thousands of euros?
An amount that must be a guarantee of authenticity.
If most professional breeders are very demanding, others, less scrupulous, voluntarily hide certain vices which greatly reduce the value of the canine.
If your new dog has certain diseases or does not meet the standards of his breed, the law allows you to be compensated.
Diseases and crippling defects
Certain canine diseases are defined by the Rural Code as being crippling defects. In other words, the seller, whether it is a breeder or a pet store, must guarantee that the puppies he offers are free from these serious and disabling, even fatal pathologies. There are six of them, grouped under two categories: those which are contagious, for which the animal must be vaccinated, and those of hereditary origin.
Rubarth's hepatitis and canine parvovirus, which can be fatal, both result in diarrhea and severe abdominal pain. You have 30 days or 15 days after the puppy's death to bring an action for restraint. As for distemper, whose symptoms are high fever, diarrhea and cough, but which is undetectable during the incubation period of the virus, you will need to prove that the contamination was well before the sale. For this, you will also need to act within 30 days after picking up the dog or 15 days after its death.
As for hereditary diseases, the inhibition action time is also set at 30 days after sale, even if they are rarely detectable early and can only appear after several years.
These are hip dysplasia, a severe form of osteoarthritis which gradually paralyzes the animal's hindquarters and deprives it of its mobility, testicular ectopia, which refers to the absence of one or two testicles. and can degenerate into cancer in adulthood, and retinal atrophy, which can lead to vision loss and particularly affects breeds such as the Malamute, Irish Setter, Briard, Husky and Miniature Poodle.
To claim compensation, these diseases must have been noted by a veterinarian who will then establish a “certificate of suspicion” to be presented within the time limits set.
Guarantee of conformity
Do you suspect a malformation in your puppy, or is it showing symptoms identified by your veterinarian?
Contact the seller first to see if you can come to an amicable arrangement, in the form of a partial refund, for example.
However, if he refuses to assume his responsibility, you can sue him in civil justice.
If you can invoke the crippling vices provided for by the Rural Code, they are quite limited and require action to be taken very quickly.
You can also rely on the much broader guarantee of conformity which has applied since 2006 to the sale of pets.
The Consumer Code thus assimilates the acquisition of a dog from a breeder to an act of consumption. As with any good including defects, you can therefore ask the court to have the seller pay for veterinary care, or even reimburse you for the price of your companion. All faults are taken into account here, whatever their origin (medical and behavior).
Another scenario: if your animal as an adult has not been confirmed in the French Book of Origins - equivalent to the civil status register for purebred canines - because of certain physical defects, depriving you of any participation in canine or breeding shows for the purpose of sale, you may also request reimbursement of half the price of your animal, provided that the confirmation has been specified in the sales contract.
Whatever the situation you are faced with, contact the judicial court (former district court) of your place of residence with a veterinary certificate of suspicion.
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