Consumer Direct endorses PetStreet Sale of Goods proposal.

Consumer Direct is the government-funded telephone and online service offering information and advice on consumer issues. It is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.

Carol Brady, Operations Manager from Consumer Direct has said that "since the introduction of the Animal Welfare Act in England and Wales this year, and the Animal Health and Welfare (Scotland) Act last year, pet owners are now legally obliged to care for their pet by providing a proper diet, suitable living conditions and veterinary care when necessary. However, in addition to obligations, pet buyers also have statutory rights. Consumer Direct has received more than 2700 complaints from dissatisfied pet buyers last year, many of whom were unaware of their rights under the Sale of Goods Act".

As an update another spokesperson for Consumer Direct told me today: Pet buyers have statutory rights under the Sale of Goods Act 1979.

Any pet purchased from a business seller must be of satisfactory quality, as described, and fit for the purpose made known. If the seller is a private individual, the animal only has to be as described and the seller´s to sell.

If you buy an animal which does not meet these criteria, you may be able to make a claim against the retailer and if unsuccessful through the county courts, but it´s important to note that these are civil rather than criminal law provisions so you would not be able to pursue a criminal prosecution under this legislation. Possible remedies may include a refund or damages.


I would also like to quote something written by Chris Fairfax - a Barrister, lawyer and director of Animal Friends Pet Insurance. He says:- " If you go and buy a fridge, a car, or whatever from a dealer in the UK you have certain legal rights. Some rights are enshrined in a written contract but others are implied by the law by the Sale of Goods Act 1979. The two major implied rights are that the “goods” you buy must be of “satisfactory quality” and they must be “fit for the purpose”. These rights are found at section 14 of the Sale of Goods Act. They are rights that a dealer cannot contract out of where you are a private buyer; so remember that if a dealer tries to tell you a fault falls outside a contractual warranty! But you only get the benefit of these implied rights where you have bought goods from someone who was acting “in the course of business”. It doesn’t apply where you buy a car from a private individual or a kitten from Auntie Maud. In those cases the good old caveat emptor rule applies (“let the buyer beware”)."

Most of the breeders we are concerned about are running businesses so maybe we are on the right track here?

At PetStreet we know pets are not commodities like toasters - they are living being that we care about immensely. Yet we believe some breeders have been behaving in a totally irresponsible manner. If we can find a way that might in the future prevent someone buying a dog that will develop a disease that is the result of bad breeding, then what difference does it make what legislation was used to help change the breeding practices? (If the animal welfare legislation was working well we wouldn´t need to be making an alternative proposal). And we are not prosecution-mad - we just know that self-regulation has not worked in this area.

That is why PetStreet wants a serious debate into:-
1. Whether the Sale of Goods legislation might work to prevent breeders selling dogs to unknowing customers that will develop inherited conditions.
2. Whether the Kennel Club might help us develop a simple and clear contract of sale which might state:- the problems of that particular breed; what tests have been used to investigate the health of this particular dog and its parents; and the likelyhood of the dog subsequently developing problems. A contract could be reassuring to both buyers and reputable sellers.