Pets — Consumer rights when things go wrong

Jane Parsons talks about consumer rights and pet ownership

According to research from the Pet Food Manufacturers’ Association, 3.2 million more households now have a pet than they did at the start of the pandemic.

Spending so much more time at home, and being isolated from friends and family during lockdown has encouraged people to take the plunge and buy a pet. People have seen their pets as a source of support during this very challenging time — during some periods of lockdown being able to walk a dog was one of the few reasons for people being able to leave the house.

It may be the last thing people want to think about as they bring their new pet into their home, but what rights does your client have if a pet gets ill or dies soon after they buy it?

If your client bought the pet from a private seller they have less rights than if they bought it from a shop or business. They can only get a refund for the cost of the pet if it didn’t match the description the seller gave them [s13 Sale of Goods Act 1979]. So if the seller described the pet as healthy, they might have a right to re refund. If they didn’t ask about the pet’s health and the seller didn’t tell them how healthy it was, there is nothing they can do.

If your client bought the pet from a business their consumer rights are the same as when they buy any item or product. The pet should be of satisfactory quality, fit for a particular purpose and as described [s9 -11 Consumer Rights Act 2015]. This means they might be able to get a refund or replacement from the shop if their pet gets ill or dies soon after they bought it. If they have to spend money taking their pet to the vet soon after they bought it, they should ask the trader they bought it from to cover the cost of the vet’s fees.

The relationship between pets and their owners means that it can be difficult for owners to think of their pet as an item but that is how the law looks at the purchase of a pet. There has been a recent case looking at the Consumer Rights Act 2015 and a puppy sale which shows how the law has been applied to a real life situation.

In the case of Pendragon v Coom [2021] EW Misc 4 (CC), the breeder, (Ms Pendragon) sold a puppy to Ms Coom. The puppy developed hip dysplasia — which needed a total hip replacement, and diabetes insipidus, which needed medication.

There was found to be evidence about the puppy’s breeding history which would have indicated that the puppy was more likely to develop hip dysplasia. Ms Coom did not have that information before buying the puppy.

The final outcome of the case was:

• A price reduction of £1000 [s24(1–2) Consumer Rights Act 2015].
• Damages of £83.49. This was 20% of the fees paid by Ms Coom (the vet fees were partly covered by pet insurance) up until she could reasonably have exercised her right to reject and asked for a refund.

It might be difficult for clients to hear language such as ‘price reduction’ and ‘damages’ when talking about animals but it’s important for everyone to understand their rights. Standard pet contracts are available to download — clients should think about having one in place if they do take the plunge and have a pet in their lives.

Jane Parsons is a consumer expert in the Expert Advice Team at Citizens Advice