OPPOSE MAINE LD1049
Authored by Freshman Democrat Senator Louis Luchini (a NIKE sponsored Runner), and co-Authored by Freshman Democrat House Rep Nicole Grohoski (a map cartographer), LD 1049, a so-called, “Dog Lemon Law” requires that Dog Sellers must refund money to Buyers if their new Dog doesn’t survive more than FIVE years! LD1049 has been referred to the Committee on AGRICULTURE, CONSERVATION AND FORESTRY. No hearing scheduled at this time.
One of the most egregious actions that lawful U.S. Animal Breeders must bear is when Legislators that have ZERO working knowledge of Animals file egregious non-sensical legislation that overtly affect the Animal Industry at the State Level. LD 1049 is an example of this! We know just by reading this Bill text that these two legislators may be well-meaning, yet totally unqualified to make determinations in Canine Husbandry practices before filing this bill. They were most likely LOBBIED to do so by animal rights groups whose latest target of defamation is Dog Breeders – among many others.
Maine’s LD 1049 proposes that a Breeder must refund between HALF to ALL of the Dog’s selling price up to its 5th birthday for: “…deaths or health problems caused by infectious, contagious, parasitic or communicable disease, or for deaths or health problems in dogs caused by hereditary or congenital defects.” To view full text of LD1049 click here
Any knowledgeable Dog Breeder can tell you that a healthy pup can leave your kennel and pick up a parasite within weeks at their new home! And if the new Owner doesn’t maintain the dog’s Vaccination series, it can pick up a communicable disease in ONE TRIP to the local Dog Park.
In regard to buying a dog with “hereditary or congenital defects”, that burden is on the BUYER to fully research the Kennel that he/she plans to buy from. And how would you PROVE that your 5-year-old dog died from a congenital defect? Will a battery of tests be performed by a Dog Geneticist? The only way that a Buyer can ensure that their new pup is free of congenital or hereditary health defects, is to inspect the dogs already produced by the Kennel Owner - and that homework is what all responsible Buyers should do before ever buying the Dog in the first place.
This line of LD1049 is very disturbing:
"Sellers may not, contractually or otherwise, exempt themselves from the remedies provided by this section."
This means that if a Dog Breeder chooses to sell a “Pet Quality” dog, even at a lower agreed upon selling price to a willing Buyer– they cannot agree in advance to an “As Is” Contract! So even if the Buyer knows in advancethat they are buying animal with a hereditary defect, they can still come back years down the road and demand restitution! Scary.
Protecting Buyers from Sellers that knowinglyhide and sell a “defective” animal is understandable, but this Bill punishes ALL Dog Breeders when a new Dog Buyer doesn’t maintain monthly worming and parasite control, or scheduled Vaccinations after the Dog gets to their new home.
Pre-screening of ethical Dog Breeders, and proper healthcare of a new puppy is the responsibility of the BUYER, not the SELLER – this Bill must be vigorously OPPOSED.
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Thank you for taking action to OPPOSE ME LD1049