After the purchase of your puppy, if you notice that the animal that you have just purchased is sick, you can, at the outset, to try to settle amicably with your breedervendor. If it is not prepared to make the slightest effort, do not worry: you have recourse. Three actions in warranty are recognized by the civil Code:
The defect of consent (art. 1109)
This is an action for the annulment of sale. Article 1109 laying that ” it has no valid consent if consent has been given by mistake, or if it has been extorted by violence or surprised by dol “. In other words, this means that the sale may be cancelled if you bring proof that:
-the seller tricked you on the qualities of the animal for which it was purchased (example: purchase of a dog subject to its qualities of hunting)
– it forced you by various means (physical or moral) to accept the purchase of this animal.
-has made use of dol (false certificates, false advertisements, announcements of merits that the animal did not; use of tranquilizers on an animal aggressive to calm him or corticosteroids on a lame animal…) without which the sale would not have occurred. It is on the complainant to provide evidence of what he suggests. The action is taken to the Court (for an animal worth less than 1,524 euros) and if not with the tribunal de grande instance. Deadlines shall be five years from the date of the discovery of the error, three years in the event of sale under violence or the effect of fraud.
The hidden defect
Your new pet is ill are not part of the redhibitory defects, prior to the sale and making the animal unfit for the use for which it was intended.
Article 1641 said: «the seller is bound by the guarantee account the latent defects of the thing sold which render it unfit for the use for which it was intended or which so impair this usage that the buyer would not have bought or not in would have given a lesser price, if he had known “.
Action must be taken in the shortest time after the sale, the buyer must prove that affection is previous or concurrent to the sale and could not detect (example: ovary for a future breeding problem). If the Court gives you reason, you can either terminate the sale, price as well as the costs incurred being returned to you, or you to repay a portion of the price and to keep the animal.
The redhibitory defects
According to article 285-1 are deemed redhibitory defects, for the purposes of sections 284 and 285, to transactions relating to dogs:
-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
-the coxo-femoral Dysplasia: it is an abnormality of the hip joint conformation.
It is necessary therefore to establish a good contract of sale, not hesitating to do so 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 request with the registry of the Court of the place where the animal is located. This Court will appoint veterinary experts to examine the animal and write a report. Each protagonist receives a copy and an amicable agreement is possible. If this agreement is not possible, the complainant introduced a ” summons ” which led to the trial.
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