AB567-ASA1,8,86
2. Having an injury, defect, or illness that was obvious or able to be diagnosed
7before the purchaser received the dog from the seller or that is likely to have been
8acquired before the purchaser received the dog from the seller.
AB567-ASA1,8,10
9(2) Information for purchasers. (a) When a person sells a dog as a pet, the
10person shall provide all of the following to the purchaser, in writing:
AB567-ASA1,8,1211
1. A description of any vaccinations and any treatments for parasites that the
12dog has received.
AB567-ASA1,8,1413
2. If the dog is a covered dog, a description of the remedies under this section
14for the sale of a dog that is unfit for sale.
AB567-ASA1,8,1715
(b) A person who sells a covered dog shall obtain the signature of the purchaser
16on a copy of the document under par. (a) 2. containing the written description of
17remedies and retain a copy of the signed document for inspection by the department.
AB567-ASA1,8,2018
(c) When a person sells a dog as a pet, the person may provide to the purchaser
19a written description of any congenital or hereditary conditions that are specific to
20the dog's breed or of any injury, defect, or illness that the dog has.
AB567-ASA1,8,2321
(d) When a person sells a dog for resale as a pet, the person shall provide the
22buyer with a written description of any vaccinations and any treatments for
23parasites that the dog has received.
AB567-ASA1,8,25
24(3) Right to remedy. Except as provided in sub. (4m), a purchaser of a covered
25dog is entitled to a remedy specified under sub. (4) if any of the following applies:
AB567-ASA1,9,8
1(a) The dog dies before the 366th day after the day on which the purchaser
2received the dog from the seller; a veterinarian certifies that the dog was unfit for sale
3due to a condition that is congenital or hereditary and that the dog's death was not
4caused by an action or inaction of the purchaser; the cause of the dog's death, as
5indicated in the certification, was not a condition that was disclosed under sub. (2)
6(c); and, if the seller complied with sub. (2) (a) 2. and (b), the purchaser presents the
7certification to the seller before the 373rd day after the day on which the purchaser
8received the dog from the seller.
AB567-ASA1,9,159
(b) The dog shows symptoms, before the 366th day after the day on which the
10purchaser received the dog from the seller, of a condition that is congenital or
11hereditary; a veterinarian certifies that the dog was unfit for sale due to that
12condition; the cause of dog's symptoms, as indicated in the certification, is not a
13condition that was disclosed under sub. (2) (c); and, if the seller complied with sub.
14(2) (a) 2. and (b), the purchaser presents the certification to the seller before the 373rd
15day after the day on which the purchaser received the dog from the seller.
AB567-ASA1,9,2216
(c) The dog dies before the 15th day after the day on which the purchaser
17received the dog from the seller; a veterinarian certifies that the dog was unfit for sale
18and that the dog's death was not caused by an action or inaction of the purchaser; the
19cause of the dog's death, as indicated in the certification, was not a condition that was
20disclosed under sub. (2) (c); and, if the seller complied with sub. (2) (a) 2. and (b), the
21purchaser presents the certification to the seller before the 22nd day after the day
22on which the purchaser received the dog from the seller.
AB567-ASA1,9,2523
(d) The dog dies before the 15th day after the day on which the purchaser
24received the dog from the seller; a veterinarian certifies that the dog died from causes
25other than an accident, injury, or communicable disease suffered after the purchaser
1received the dog from the seller and that the dog's death was not caused by an action
2or inaction of the purchaser; the cause of the dog's death, as indicated in the
3certification, was not a condition, injury, defect, or illness that was disclosed under
4sub. (2) (c); and, if the seller complied with sub. (2) (a) 2. and (b), the purchaser
5presents the certification to the seller before the 22nd day after the day on which the
6purchaser received the dog from the seller.
AB567-ASA1,10,137
(e) The dog shows symptoms of an injury, defect, or illness before the 15th day
8after the day on which the purchaser received the dog from the seller; a veterinarian
9certifies that the dog was unfit for sale due to the injury, defect, or illness; the cause
10of the dog's symptoms, as indicated in the certification, is not an injury, defect, or
11illness that was disclosed under sub. (2) (c); and, if the seller complied with sub. (2)
12(a) 2. and (b), the purchaser presents the certification to the seller before the 22nd
13day after the day on which the purchaser received the dog from the seller.
AB567-ASA1,10,15
14(4) Certification. A certification from a veterinarian satisfies the
15requirements under sub. (3) if it contains all of the following:
AB567-ASA1,10,1616
(a) The name of the purchaser.
AB567-ASA1,10,1717
(b) The date or dates on which the veterinarian examined the dog.
AB567-ASA1,10,1818
(c) The dog's breed, color, sex, and age.
AB567-ASA1,10,2019
(d) A statement of the veterinarian's findings concerning the condition of the
20dog.
AB567-ASA1,10,2221
(e) If the dog died, a statement of the probable cause of death and that the dog's
22death was not caused by an action or inaction of the purchaser.
AB567-ASA1,11,223
(f) A statement that at the time of sale the dog was unfit for sale or, if the dog
24died before the 15th day after the day on which the purchaser received the dog, that
1the dog died from a cause other than an accident, injury, or communicable disease
2suffered after the purchaser received the dog from the seller.
AB567-ASA1,11,43
(g) An itemized statement of the veterinary fees incurred for examination and
4treatment of the dog as of the date of certification.
AB567-ASA1,11,65
(h) If the dog did not die and may be curable, an estimate of the cost of
6attempting to cure the dog.
AB567-ASA1,11,77
(i) The name and address of the veterinarian and the date of the certification.
AB567-ASA1,11,15
8(4m) Second opinion. A seller who receives a certification under sub. (3) may,
9no later than the 3rd day after receiving the certification, request the purchaser to
10allow a veterinarian chosen by the seller to examine the dog or, if the dog is dead, to
11conduct an autopsy on the dog at the seller's expense. If a seller makes a request
12under this subsection, the seller is not required to provide the purchaser with the
13chosen remedy until the 10th day after the day that the purchaser makes the dog
14available for examination or autopsy. A purchaser who fails to comply with a request
15under this subsection is not entitled to a remedy.
AB567-ASA1,11,17
16(5) Remedies available. (a) A purchaser who is entitled under sub. (3) to a
17remedy due to the death of a covered dog may obtain all of the following:
AB567-ASA1,11,2018
1. A full refund of the amount that the purchaser paid for the dog, including
19sales tax, or another dog of equivalent monetary value that is selected by the
20purchaser if another dog is available.
AB567-ASA1,11,2221
2. Reimbursement for veterinary fees incurred with respect to the dog, subject
22to par. (c).
AB567-ASA1,11,2523
(b) A purchaser who is entitled under sub. (3) to a remedy due to the injury,
24defect, or illness of the dog may do one of the following, as determined by the
25purchaser:
AB567-ASA1,12,3
11. Return the dog and receive a full refund of the amount that the purchaser
2paid for the dog, including sales tax, and reimbursement for veterinary fees incurred
3with respect to the dog, subject to par. (c).
AB567-ASA1,12,64
2. Retain the dog and receive reimbursement for veterinary fees incurred with
5respect to the dog plus the future cost of veterinary fees for curing or attempting to
6cure the dog, as estimated in the veterinarian's certification, subject to par. (c).
AB567-ASA1,12,97
3. Return the dog and receive another dog of equivalent monetary value that
8is selected by the purchaser if another dog is available, plus reimbursement for
9veterinary fees incurred with respect to the dog, subject to par. (c).
AB567-ASA1,12,1210
(c) The total amount of reimbursement for past and future veterinary fees
11under this subsection is limited to twice the amount that the purchaser paid for the
12dog, including sales tax.
AB567-ASA1,12,17
13(6) Procedure. (a) When a purchaser presents a certification that complies
14with sub. (4) to a seller, the purchaser shall notify the seller of the purchaser's choice
15of remedy. The seller shall prepare a document confirming the choice to be signed
16by the seller and the purchaser. The seller shall give a copy of the confirmation to
17the purchaser and shall retain a copy of the document.
AB567-ASA1,12,2118
(b) A seller that receives a veterinarian's certification that complies with sub.
19(4) and a confirmation of choice of remedy shall provide the purchaser with the
20chosen remedy no later than the 10th day after the day of receipt, except as provided
21in sub. (4m).
AB567-ASA1,13,222
(c) A purchaser entitled to a remedy under sub. (3) has a cause of action against
23a seller who fails to comply with pars. (a) and (b). The court shall award a purchaser
24who prevails in such an action twice the amount of damages incurred by the
1purchaser, together with costs including reasonable attorney fees, notwithstanding
2s. 814.04 (1).
AB567-ASA1,13,8
3(7) Recourse for seller. A person who sold a dog to a seller is liable to the
4seller if the seller provides a remedy under sub. (5) to the purchaser of the dog and
5the dog had a condition that is congenital or hereditary and that severely affects the
6health of the dog or the dog had an injury, defect, or illness that was obvious, able to
7be diagnosed, or likely to have been acquired before the person sold the dog to the
8seller.
AB567-ASA1,13,12
9(8) Rules. The department shall promulgate rules for the administration of
10this section, including rules specifying the information that a seller must provide
11under sub. (2) (a) 2. and the form for confirming the choice of remedies under sub.
12(6) (a).
AB567-ASA1,13,15
13(9) Penalties. (a) A person who sells a dog that is unfit for sale knowing that
14the dog is unfit for sale and without disclosing that the dog is unfit for sale is subject
15to the following penalties:
AB567-ASA1,13,1616
1. For a first offense, a forfeiture of not more than $3,000.
AB567-ASA1,13,1917
2. For a second offense committed 365 days or more after conviction for a first
18offense, a fine of not more than $5,000 or imprisonment for not more than 30 days
19or both.
AB567-ASA1,13,2220
3. For a second offense committed fewer than 365 days after conviction for a
21first offense, for a third offense, or for a subsequent offense, a fine of not more than
22$10,000 or imprisonment for not more than 90 days or both.
AB567-ASA1,13,2323
(b) A person who violates sub. (2) is subject to a forfeiture of not more than $500.
AB567-ASA1,14,2
1(1)
This act takes effect on the first day of the 25th month beginning after
2publication.