Austrailan Consumer Laws And Advice I Got

[Angeluca]

The Brochure that started my concern :

http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/A_consumers_guide_to_buying_a_pet.pdf

And the Response I made in the other topic:

Ok Multiple phone calls later we have arrived at.

ACL commission is not a legal Identity and can not force payment or remedy of any kind, they can act as a mediator at negotiations failing that the person pursuing has to then engage legal advice and take the matter to court.

These things I discussed with every person I spoke to and I stopped short of An appointment with a lawyer. Most would not offer legal advice but mentioned a few things that may help. This is what I have come to based on advice and information mentioned.

The ACL is a consumer guideline and does not into specifics or circumstance, And just like any other product 'length of time' is deemed by court. Which usually refers back to contractual law.

This is where people give in and not defend themselves due to 'it not being worth it' or not knowing their rights.

Contractual Law does not give any purchaser endless guarantee. Nor is it solely sided with the purchaser.

If the matter is taken to court then the pursuer is the one who has to prove their case, and the defendant has to prove only the claims against him false.

There are steps to protect/defend breeders, one being Full disclosure, of know problems in the breed, what is regarded as needing test and these test results copied and supplied. (This should be standard) Most of the time this is verbalized. This needs to be written up as 'You have supplied information about breed problems, and verbally explained in detail your efforts and the possibilities of occurrence despite your best effort, and the possible environmental factors, And you have provided written and verbal prevention steps.' you keep signed copy

Have documented well written Articles on each disease/ Illness which cover all aspects of the illness most of all types of onset from hereditary to environmental through to age. Name these articles in the disclosure statement as provided.

This is not a Waiver but a Full Disclosure Statement.

The puppy buyer may still have a case against you, and take you to court but this becomes evidence of your effort to inform prior to purchase and reduces their case sufficiently.

It would also be good to know your stock's heritage. This it sometimes very hard, and some breeders try to cover any problems or just not mention them. But if it is not common knowledge then you are not expected to know. It may still make liable if something serious occurred but could reduce the amount. And of course your testing and preventative measures also are considered.

You then provide a guarantee of what steps you deem possible form you side if in fact a hereditary situation arises within a certain time period. Do not make this endless, and important to contact a contractual Lawyer for advice as to how long this guarantee should be for statutory purposes. You can go as far as to state a couple of options and say you'll discuss options viable at the time if need be. (Some you may be happy to replace an animal some you just would not).

By contacting a lawyer and determining a reasonable 'statutory liability period' it would be best to determine each illness but breed as a whole would be enough. The lawyer may not be dog savvy so as much breed info as possible based on factual documentation not just personal experience (the articles previously mentioned, ANKC conformation information, life expectancy, age of purchase, vet clean bill of health at sale and Price of dog sold will all help determine a time period reasonable) you keep signed copy

It Seems this sort of thing will be necessary in the future for all breeders to protect themselves from unwarranted claims. And doing all this will not prevent you from being pursued and diminishes their case against you.

Most large or expensive items have disclosure statements, most common products don't due to price and circumstance. There is usually precedent giving a basic idea from item to item giving a "normal process" from situation to circumstance.

There is very little with an animal because the idea of suing over a family pets health is basically new or settled out of court. Rights of either party is not common knowledge either which also prevents the development of the "Normal process" and "expectation of the provider".

By giving up money or replacement animals at any age because 'it's not worth the fight' or 'it's better for the animal this way' or 'I can't afford the legal process' or 'It's too stressful' is giving a normal process of owner complains money is handed over, They can legally claim medical expenses at there preference and there is not stated limit, and it is not just refund the money to be done with it anymore. We are going to create a norm of breeder fault by admission, or we are going to have to set legal boundaries. Once it gets to be public knowledge that owners can receive compensation on dogs they have or nature has defected. Claims will be a virus and just like schools not providing or allowing certain sports activities for fear of being sued, Breeders will stop breeding for fear of liability.