Jacksonville Criminal Defense Lawyer Blog http://www.jacksonvillecriminaldefenselawyerblog.com/ Published by Cynthia M. Veintemillas en Copyright 2008 Tue, 25 Nov 2008 11:00:06 -0500 http://www.sixapart.com/movabletype/ http://www.rssboard.org/rss-specification Protection for Pet Dealers Under the Florida "Puppy" Lemon Law
In Florida, a pet dealer must be aware of Florida's Pet Lemon Law ("Puppy" Lemon Law).  It is a misdemeanor if a pet dealer fails to comply with Florida Statute Section 828.29.  The Florida Pet Lemon Law also allows the consumer to return or exchange the animal and recover veterinarian costs.   
Florida Pet Dealers can protect themselves with a contract.  The Florida Pet Lemon Law allows a dealer and pet consumer to enter into a written waiver.  This will protect the dealer from liability under the Florida Pet Lemon Law.  As long as the pet dealer makes full disclosure to the pet consumer, the pet dealer should not be liable to the consumer.     

Florida's Puppy Lemon Law provides some protection to the pet dealer.  It requires a pet consumer to notify the pet dealer of problems within certain time limits.  To learn more about the Florida Pet Lemon Law, contact a Jacksonville Florida Pet Lemon Law Attorney.
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http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/protection-for-pet-dealers-und.html http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/protection-for-pet-dealers-und.html Animal Law Tue, 25 Nov 2008 11:00:06 -0500
Remedies for Consumers Under Florida's Pet Lemon Law Florida Statute Section 828.29.  The Florida Pet Lemon Law gives another remedy.  The pet consumer may: 

  1. return the animal and receive a refund of the purchase price, 
  2. exchange the animal for another, or
  3. keep the animal.  
Regardless of which option the pet consumer chooses, the he or she may recover certain veterinary costs.  However, these veterinary costs cannot exceed the price of the animal.  For example, if you purchase a dog in Jacksonville, Florida and the pet dealer violates the Florida Puppy Lemon Law, you can keep your dog and the pet dealer must pay the veterinarian bills.  If the dog was purchased for $500, than the veterinarian bills cannot exceed $500.    

The Florida Pet Lemon Law imposes time limitations on a person to notify the pet dealer, so you should act fast.  To learn more about the Florida Pet Lemon Law, contact a Jacksonville Pet Lemon Law Attorney.  
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http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/remedies-for-consumers-under-f.html http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/remedies-for-consumers-under-f.html Animal Law Tue, 25 Nov 2008 09:41:49 -0500
Statute of Limitations on the Florida Pet Lemon Law puppy_maggie.jpg

As a Jacksonville Florida Pet Lemon Law Attorney, pet vendors ask me a lot of questions about their liability under the Florida Pet Lemon Law (also known as the Florida "Puppy" Lemon Law).  According to Florida Statute Section 828.29, a dog or cat offered for sale in Florida must meet certain requirements.  The Florida Pet Lemon Law is criminal law and a first-degree misdemeanor.  As such, it would be the Duval County State Attorney Office that would bring charges against the pet seller if the law is violated.  In Florida, the statute of limitations on a first-degree misdemeanor is two years from when the crime was committed.  Thus, if the pet seller violated the statute two years ago in Jacksonville, Florida, the Duval County State Attorney Office cannot prosecute.  This would apply to any county in Florida.

However, the pet buyer may bring a breach of contract suit against the seller in Jacksonville, Florida.  This is a civil cause of action, not criminal.  The statute of limitations on this type of breach of contract is four years if there is not a written contract and five years if there is one, unless the contract states otherwise. 

Each case is different, so it is important to ask a Jacksonville Florida Pet Lemon Law Lawyer any questions regarding the Florida Pet Lemon Law.  

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http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/statute-of-limitations-on-the.html http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/statute-of-limitations-on-the.html Animal Law Mon, 24 Nov 2008 10:55:44 -0500
Florida Pet Lemon Law and Criminal Liability
The Florida Pet Lemon Law has many requirements that a consumer must follow when notifying the seller of violations of this law.   A pet dealer must comply with the Florida statutes or may be subject to criminal charges and civil liability.  Additionally, pet sellers can protect themselves from liability by obtaining a valid waiver prior to the sale of the pet.  A Jacksonville Pet Lemon Law Attorney can draft this waiver in order to prevent problems in the future.  

If you have sold or purchased a pet that may be the subject of this law, it is important to speak with a Jacksonville Pet Lemon Law Attorney about your rights and obligations.  A Jacksonville Pet Lemon Law Attorney can help you determine if you have a cause of action against the seller or if you have a valid defense against the buyer of the pet.

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http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/florida-pet-lemon-law-and-crim.html http://www.jacksonvillecriminaldefenselawyerblog.com/2008/11/florida-pet-lemon-law-and-crim.html Animal Law Mon, 03 Nov 2008 16:09:39 -0500