Section 753. Sale of animal

1. If, within fourteen business days following
  the sale of an animal subject to this article or receipt of the  written
  notice  required  by  section  seven hundred fifty-four of this article,
  whichever occurred last, a  veterinarian  of  the  consumer's  choosing,
  licensed  by  a state certifies such animal to be unfit for purchase due
  to illness, a congenital malformation which adversely affects the health
  of the animal, or the presence of symptoms of a contagious or infectious
  disease, the pet dealer shall afford the consumer the  right  to  choose
  one of the following options:
    (a)  The  right  to  return  the  animal  and  receive a refund of the
  purchase price including  sales  tax  and  reasonable  veterinary  costs
  directly  related to the veterinarian's certification that the animal is
  unfit for purchase pursuant to this section;
    (b) The right to return the animal and to receive an  exchange  animal
  of  the  consumer's choice of equivalent value and reasonable veterinary
  costs directly related to  the  veterinarian's  certification  that  the
  animal is unfit for purchase pursuant to this section; or
    (c) The right to retain the animal and to receive reimbursement from a
  pet  dealer  for veterinary services from a licensed veterinarian of the
  consumer's choosing, for the purpose of curing or attempting to cure the
  animal. The reasonable value of reimbursable services rendered  to  cure
  or  attempting to cure the animal shall not exceed the purchase price of
  the animal. The value of such services is reasonable  if  comparable  to
  the  value  of similar services rendered by other licensed veterinarians
  in proximity to the treating veterinarian. Such reimbursement shall  not
  include  the costs of initial veterinary examination fees and diagnostic
  fees not directly related to the veterinarian's certification  that  the
  animal is unfit for purchase pursuant to this section.
    The  commissioner  by  regulations shall prescribe a form for, and the
  content of, the certification that an  animal  is  unfit  for  purchase,
  which  shall be provided by an examining veterinarian to a consumer upon
  the examination of an animal which is subject to the provisions of  this
  section.  Such  form  shall  include, but not be limited to, information
  which identifies the type of animal, the owner, the date  and  diagnosis
  of  the animal, the treatment recommended if any, and an estimate or the
  actual cost of such treatment. Such form shall also include  the  notice
  prescribed in section seven hundred forty-three of this article.
    The  commissioner  by  regulations  shall  prescribe information which
  shall be provided in writing by the pet dealer to the consumer upon  the
  sale  of  the animal. Such information shall include, but not be limited
  to, a description, including breed of the animal, the date of  purchase,
  the  name,  address and telephone number of the consumer, and the amount
  of the purchase. The  pet  dealer  shall  certify  such  information  by
  signing the document in which it is contained.
    2. The refund and/or reimbursement required by subdivision one of this
  section shall be made by the pet dealer not later than ten business days
  following  receipt  of  a  signed  veterinary  certification  as  herein
  required. Such certification shall be presented to the  pet  dealer  not
  later  than  three  business  days  following  receipt  thereof  by  the
  consumer.
    2-a. Every pet dealer who sells an animal required  to  be  vaccinated
  against  rabies, pursuant to section twenty-one hundred forty-one of the
  public health law, to a consumer shall provide the consumer at point  of
  sale  with  a  written  notice,  provided  by  the department of health,
  summarizing rabies immunization requirements.
    3. A veterinary finding of intestinal parasites shall not  be  grounds
  for  declaring the animal unfit for sale unless the animal is clinically
  ill due to such condition. An animal may not be found unfit for sale  on

  account  of  an injury sustained or illness contracted subsequent to the
  consumer taking possession thereof.
    4.  In  the  event  that  a  pet dealer wishes to contest a demand for
  refund, exchange or reimbursement made by a consumer  pursuant  to  this
  section,  such  dealer  shall  have the right to require the consumer to
  produce the animal for examination by a licensed veterinarian designated
  by such dealer. Upon such examination, if the consumer  and  the  dealer
  are  unable  to  reach an agreement which constitutes one of the options
  set forth in subdivision one of this section within  ten  business  days
  following  receipt  of the animal for such examination, the consumer may
  initiate an action in a court of competent jurisdiction  to  recover  or
  obtain such refund, exchange and/or reimbursement.
    5.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies which are otherwise available to a  consumer  under  any  other
  law.