Often I have received calls from people who paid a lot of money for a dog or cat from a breeder or a pet dealer, only to find that animal has significant and costly health problems.

The laws governing the sale of dogs and cats can be found in Florida Statute 828.29.

Dogs or cats that are offered for sale in, or transported to, Florida must receive vaccines and anthelmintics for several diseases and parasites-- otherwise known as a veterinary inspection certificate.

The veterinary inspection must be performed by a veterinarian, licensed in the state where the animal is from and being inspected. The veterinarian must also be accredited by the United States Department of Agriculture. The veterinary inspection certificate must also include the age, sex, breed, color, and health record of the dog or cat. The examination of the animal must take place no more than 30 days before the sale of the animal.

The "Pet Dealer" is held to a higher degree in warranting the health of the animal than other sellers of animals.

The "Pet Dealer" means any person, firm, corporation, or other association which in the ordinary course of business engages in the sale of more than two litters, or 20 dogs or cats per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to the consumer. The County Animal Care Department and the Humane Society are exempt from this definition as well as the old lady next door who gave you a free kitten from her cat's litter.

WHAT ARE THE RECOURSES FOR THE CONSUMER WHO PURCHASES AN UNHEALTHY DOG OR A CAT FROM A PET DEALER OR BREEDER?

If, within 14 days following the sale of the animal, a veterinarian certifies that the pet was unfit for purchase due to illness or disease, the symptoms of a contagious or infectious disease, the presence of internal or external parasites excluding fleas and ticks; or, if within a one (1) year following the sale of the pet, a veterinarian certifies that such animal to be unfit for purchase due to congenital or hereditary disorder which adversely affects the health of the animal; or if, within a one (1) year, it is discovered that the breed, sex, or health of the animal had been misrepresented, the Pet Dealer shall afford the consumer the right to choose one of the following options:

1. The right to return the animal and receive a refund of the purchase price, including sales tax, and reimbursement for reasonable veterinary costs.

2. The right to return the animal and receive an exchange dog or cat of the consumer's choosing, along with reimbursement for reasonable veterinary cost.

3. Right to retain the animal and receive reasonable veterinary costs for reasonable services and treatment related to curing or attempting to cure the dog or cat. *** Reimbursement of veterinary costs in the above three options may not exceed the purchase price of the animal.

4. The remedies in 828.29 as described above could be considered statutory imposed liquidated damages; however the consumer is not limited to the three (3) options described-above; since F.S. 828.29 (11) allows the consumer to pursue other remedies that are not available in this section, such as in tort law and contract law. This section is important because the consumer will be allowed to pursue other damages; such as the "emotional distress" the consumer may have gone through in caring for the ill pet that he or she has bonded with; allows the consumer to pursue reimbursement of veterinary expenses that exceed the purchase price of the animal; allows the consumer to possibly pursue punitive damages, if the pet dealer's misrepresentations were so gross as to warrant punitive damages.

This is just some of the information that future pet owners should be aware of when buying a cat or dog. Consumers should also be aware of the fact that mixed-breed dogs and cats generally enjoy better health and have better dispositions than purebreds. So ask yourself this question when you are buying a dog or cat: Am I getting a pet for companionship or a status symbol? If it is for companionship, then please adopt a homeless animal from your County's Animal Care Shelter or Humane Society, because the majority of the animals there are great, loving, mixed-breed pets that need a home.

Steven M. Logan, born in Rochester, N.Y. 1957-B.S. New Hampshire College 1979, J.D. California Western School of Law 1983. Former Prosecutor in Broward County, Florida. Private Practice emphasizing Criminal defense (except animal abuse), also practicing Family Law, Pet Law, Animal Rights and other Civil matters. He can be reached at (954) 522-3902, e-mail ZDPR15A@Prodigy.com