Buying a pet can be a happy time but sometimes pets can be sold with significant health issues or concerns. Just like other products on the market must be free from defects, pets must be described accurately and be fit and healthy.
Consumer guarantees
Buying a pet is the same as buying any other type of good or service under Australian Consumer Law (ACL).
Consumers are protected by a consumer guarantee that the product or service you purchased will work and do what it’s meant to.
If you buy a pet based on a specific description such as breed, sex, vaccinations etc, your pet must match the description and be suitable for any purpose advised or advertised by the breeder or seller.
When a consumer guarantee does not apply
The ACL applies when a person buys goods or services from a business. The ACL does not apply to one-off sales by private sellers. This means if you buy something from a private seller and not from a business your goods are not covered by consumer guarantees.
When things go wrong
If the pet you purchase fails to meet a consumer guarantee your rights will vary depending on whether there is a major problem or not a major problem.
Major problem
A pet has a major problem if:
- you wouldn’t have bought the pet if you’d known the problem prior to purchase, for example a terminal illness
- the pet is significantly different from the description
- the pet doesn’t do what the business said it would.
If the problem is major, you have a right to ask to:
- reject the pet and get a refund or replacement, or
- choose to keep the pet but recover compensation for the reduction in value of the pet.
Not a major problem
When the problem is not major, you may be entitled to a “repair, replacement or refund”:
- return your pet to the seller and have it replaced with another, or
- return your pet to the seller and have your money refunded, or
- return your pet to the seller for the seller to treat any issue such as treatment by a vet.
If you decide to return your pet for treatment the seller must treat the pet within a reasonable time frame.
If the seller does not treat the pet within a reasonable time frame, you can pay for the pet treatment and then request the seller pay for the costs, or request a refund.
Whether the problem is major or not, you may also be able to recover damages for any of your loss or suffering, if the seller should have known you would suffer.
Attempt a resolution
You should attempt to negotiate an outcome that both you and the breeder or seller can agree to. If you’re unable to resolve the matter with the breeder or seller, you can contact us on 13 32 20, or make a complaint online.
How to avoid online pet scams
Australians reportedly lost over $4 million to pet scams in 2021 from fake websites, social media or classified sites.
Tip: check authenticity of sought-after breeds and requests for up-front online payments.
Tips to avoid online pet scams
First verify the breeder or seller’s identity
Before you decide on a breeder or seller, do some online research into their credentials. Be cautious about making payments until you can verify the breeder/seller is legitimate.
Here are some signs that your breeder or seller may not be legitimate:
- the pictures being used can be found on multiple other pages
- customer testimonials and other sections of text are identical to content listed on other sites and listings
- the asking price for the pet is a lot lower than other sellers
- the seller is offering a diverse range of breeds to choose from.
If you are still in doubt, seek advice from a reputable breeder’s association or your local vet.
Meet before agreeing to purchase the pet
Scam websites can look quite convincing. To avoid being scammed, only buy or adopt a pet where you can meet in person. It can be difficult to get your money back if anything goes wrong.
If the breeder is reluctant for you to visit or wants you to meet the pet in another place other than where the pet was raised, find another breeder.
Check the standard of care and living conditions of the pet
Check the environment where the animal and its parents (if being sold from a litter) are kept of a high standard of care and living conditions.
If you have concerns about the living conditions or welfare of an animal, please visit the Department of Primary Industries.
If in doubt, say no
If you’re feeling pressured by the breeder or seller, or there are gaps in information, it is best to walk away.