After the purchase of your puppy, if you see that the animal that you just bought is ill, you can, at the outset, trying you arrange amicably with your breeder/vendeur. If it is not prepared to make the slightest effort, don’t worry: you have recourse. Three actions in warranty are recognized by the civil Code:
The vice of consent
It is an action in nullity of sale. Section 1109 pose as ” he has point of valid consent if the consent was given by mistake, or if it has been extorted by violence or surprised by fraud “. In other words, this means that the sale may be cancelled if you bring evidence that:
-the seller fooled you on the substantial qualities of the animal for which you purchased it (example: dog subject to its qualities of hunting)
– he forced you by various means (moral or physical) to accept the purchase of this animal.
-He has made use of dol (false certificates, false advertising, announcements of merit that the animal is not; use of tranquilizers on an aggressive animal to calm him down or corticosteroids on a lame animal…) without which the sale would not have taken place. It is on the complainant to provide evidence of what he says. The action is undertaken with the Court (for an animal worth less than 1 524 euros) and otherwise to the tribunal de grande instance. Are five years from the day of the discovery of the error, three years for sale as a result of fraud or violence.
The latent defect
Your new pet is ill do not part of critical defects, prior to the sale and making the animal unfit for the use for which it was intended.
Article 1641 said: “the seller is required to the warranty defects hidden in the thing sold which render it unfit for the use for which it was intended or which so diminish the use that the purchaser would have not acquired it, or in would have given that a lower price, if he had known”.
Action must be undertaken as soon as possible after the sale, the buyer to prove that affection is previous or concomitant to the sale and that it could not detect the (example: problem of ovary for a future breeding). If the Court gives you reason, you can either Cancel the sale, the prices and charges incurred you being returned or you do pay a portion of the price and keep the animal.
According to article 285-1, deemed critical defects, for the purposes of articles 284 and 285, transactions relating to dogs:
-the disease of square
-contagious hepatitis (disease Rubarth)
-undescended testes (to more than 6 months): this sets the non-descente of the testes in scholarships. They are either in the abdomen or under the skin
-retinal atrophy: it is an eye disease that destroying the retina can lead to blindness in a few years
-Hip Dysplasia: this is an anomaly of the hip joint conformation.
It must therefore establish a good contract of sale, in not hesitating to do this read by others and, above all, take your new pet in your veterinary as quickly as possible after the acquisition so that the latter is a comprehensive review of your companion.
How to proceed?
Once the suspicion diagnosed by your veterinarian, you must, within thirty days from the delivery, file a petition with the registry of the Court of the place where the animal. This tribunal will appoint veterinary experts to examine the animal and write a report. Each player receives a copy and a settlement agreement is possible. If this agreement is not possible, the complainant introduced a ” summons ” which led to the trial.