How lemon law will affect buying and selling of pets
We refer to the letter dated 22nd March 2012 written by Jiang Ke-Yue entitled "Lemon law for pets a bad idea”.
Existing laws already give consumers remedies if a pet does not conform to the sale contract at delivery. The new Lemon Law does not change these existing laws.
It simply provides additional remedies for such non-conformity, but the consumer cannot insist on a disproportionately costly remedy. Instead of a full refund or a replacement, the retailer and consumer could mutually agree to compensation for the cost of medical treatment for the pet.
*In addition, the new Lemon Law also applies a presumption that defects which occur within 6 months of delivery existed at delivery, unless the seller can prove otherwise.
For example, if a pet develops an infectious disease, the seller would not be liable if the pet was delivered before the incubation period of the disease.
*Consumers cannot get a remedy simply because they have changed their mind and no longer want the pet. There is also no remedy for defects or limitations specifically pointed out to them or which are obvious at the point of purchase.
*CASE received 5 reports of pets that were sick, unhealthy or died shortly after purchase in 2011. Subsequent autopsies on the pets that died confirmed they were not of good health.
*Under AVA’s existing licensing conditions for pet retailers, all animals displayed for sale must be healthy. Sick, diseased and injured animals have to be removed from display and treated by a licensed veterinarian who must certify that the animal has recovered before it can again be displayed for sale.
They must also be vaccinated properly and healthy at point of sale. AVA will take action against pet retailers who breach pet shop licensing conditions. Recalcitrant retailers can be charged in court and, if convicted, fined up to $5,000. Their licence could be suspended or revoked
*AVA’s website also has information to educate pet buyers and owners on how to select healthy pets, and care for them. Pet retailers are encouraged to develop best practices that promote transparency at the point of sale, such as alerting consumers to potential genetic problems in a pet.
Yeo Guat Kwang President Consumers Association of Singapore
Dr Wong Hon Mun Director, Agri Establishment Regulation For Chief Executive Officer Agri-Food & Veterinary Authority