• Landlord Tenant
• Home Improvement
• Internet/E-Commerce
• Autos
• 3-Day Buyer's Right To Cancel
• Charitable Solicitations
• Retail/Refunds/Warranties
• Healthcare
• Credit/Debit
• Telemarketing/Travel
• Business Opportunities
• Towing
• Pets

Landlord / Tenant
Q. How long does the landlord have to return my deposit once I vacate their property?

A. Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim.

If the landlord fails to give the required notice within the 30-day period via certified mail, he or she forfeits the right to impose a claim upon the security deposit.

Q. Can I withhold my rent if my landlord will not fix problems with the property?

A. Yes, you may withhold your rent if you have given your landlord proper notification. You must write your landlord a letter stating that you are going to withhold all future rent until "A, B & C" are corrected. You must send this letter to them via Certified mail and they must receive it at least 7 days prior to rent being due.

A Sample letter would be as Follows: Date Dear Landlord: This is to inform you that if you do not complete the following repairs on the rental unit located at (your address, including City, State & Zip Code) within seven (7) days of the receipt of this letter. I intend to withhold all future rental payments. 1. 2. 3. This letter is sent to you pursuant to Florida Statute 83.56. Tenant's Signature Type or Print your Name

Q. If I am renting a property without a lease, how long of a notice do I have to give the landlord to be able to move out?

A. The appropriate notification, if a specific time period is not included in the lease agreement is:

Weekly Rental Payment Schedule - 7 days written notice required before contract termination.
Monthly Payment Schedule - 15 days written notice required before contract termination.
Quarterly Payment Schedule - 30 days written notice required before contract termination.
Yearly Payment Schedule - 60 days written notice required before contract termination.

This same notification time applies to the Landlord, should they wish for you to vacate their property.

Q. If I sign a lease, but then change my mind, can I get out of the lease?

A. There is no "Cooling Off" period for rental agreements. Once a lease is signed you are bound to the agreement. So it's important that everyone involved understand and agree to the terms of a lease to avoid costly problems down the road. If you elect to walk away before moving in, you are almost assuredly going to forfeit any deposit or application fee submitted, as well as exposing yourself to other monetary damages.

HOME IMPROVEMENT
Q. A man came to my door offering to make some repairs around the house. How can I find out if he was a legitimate contractor?

A. Door to door solicitors are often transient con artists, who usually prey on seniors living in older communities where homes are in need of repair. Seniors are likely targets because most seniors usually pay in cash; are often reluctant to ask questions; and because most seniors live on a fixed income, they are attracted to the low price they are initially quoted by the solicitor. Most of these solicitors arrive in unmarked vans or trucks and use the "just finished a job down the street", or the "they can do the job at an unbelievably low price because they have leftover material" sales pitch. They usually offer to pour asphalt drives, check roofs for leaks, paint, etc. The problem comes when the con artist asks for money up front and never returns to complete the job, or after completing the work they demand payment which is more than the original quoted price, or the work is shoddy. The consumer is left with incomplete and/or poor work, and the con artists are no longer in town. Always check the complaint history with the local Consumer Protection Agency or Better Business Bureau before contracting for any repair work. Contact the Florida Construction Industry Licensing Board at www.myfloridalicense.com or (850)487-1395 to confirm the contractor is licensed to conduct business in Florida. Even with small jobs, always request a written contract describing the work to be done, material to be used, beginning and estimated completion date, and the estimated cost of repairs. Avoid contractors who say, "We don't need to bother putting it in writing." Home solicitation sales in general are also covered by a 3-day right of cancellation of the contract and other consumer protections. Please contact the Consumer Protection Agency for additional information about this topic.

Q. If I pay a Contractor in full for a home improvement project, am I still responsible if the subcontractors are not paid?

A. If the contractor fails to pay all bills, subcontractors and material suppliers can, and in many cases do place a lien on the consumer's real property. You may pay twice for the same work. A notarized release of lien from the contractor ensures that you will not have to face double payments or possible loss of property to the unpaid parties. Florida's contractor's lien law can be complicated. You may wish to review Chapter 713, Florida Statutes, and consult with an attorney.

Q. What are some precautions I can take to help from being a victim of unlicensed contracting?

A. A Florida licensed contractor must meet certain financial requirements, pass a background check, posses the education or experience required of their trade, and obtain insurance. Contact your city, county or state contracting officials or building department to determine if your project requires a permit and a licensed professional to do the work. If so, ask if the contractor you plan to hire is licensed to perform the work involved. You may also contact your Consumer Protection Agency, the Better Business Bureau and the Florida Department of Business and Professional Regulation for information regarding past consumer complaints.

Be skeptical of the following potential pitfalls:

• Door-to-door solicitations and high pressure sales.
• Unmarked vehicles or out of area license plates.
• The contractor has only a business card or cards without a license number.
• No physical business address.
• A largely discounted price for any number of reasons.
• Requests for payment in cash or by check payable to individuals, rather than the company.
• Requests for excessive deposits or full payment in advance.
• Blank or stationary "stock" proposals and estimates.
• Requests for you, the homeowner, to apply for permits.
• Verbal promises of what work is to be performed.
• Written contracts lacking necessary details.
• Unable to produce certificates of insurance.
• Unable or unwilling to provide reputable references.
• Attempts to convince you that an Occupational License entitles them to conduct business as a "contractor".

INTERNET/E-COMMERCE
Q. I'm new to Internet auctions. What problems might I face if I decide to buy or sell merchandise through one of these markets?

A. Internet auctions provide access to a convenient source of many types of affordable items, but the purchases you attempt to make can come at an unexpected price. These auctions are business transactions made by sellers who are often individuals. Since most auction sites do not verify the existence or condition of the items being sold, every effort should be made to familiarize yourself with the protections of the auction website. A seller's history can also be checked on most of these sites or at your local Consumer Protection Agency or Better Business Bureau. Lastly, be sure to ask for and verify the sellers' telephone number or other suitable contact information. Some of the problems you might face as a buyer at one of these auction sites are:

• A failure of the seller to send the merchandise.
• A seller sending something of lesser value than advertised.
• A failure of the seller to deliver the item in a timely manner.
• A failure to disclose all relevant information about a product or terms of the sale.

• Avoid providing your personal information through unsolicited offers. Chances are, if you did not initiate the transaction with a reputable source, the offer you receive might be a scam to steal your identity or financial information.
• Watch out for counterfeit web pages and learn about "Phishing." Phishing is a term used to describe the fabrication or counterfeiting of a legitimate website. These sites are designed to look like a page from a reputable business but these web pages were created by individuals who are attempting to steal your information or your money directly through access to your accounts. Never provide your personal access codes, passwords or financial information through a website unless you initiate the transaction or verify the need for it by contacting the company directly. Most companies will never contact you for your information once you sign up initially.
• Use a credit card. Credit card payment protects the buyer, because you can dispute the charges if the goods are misrepresented or never delivered. Cancel the card immediately if you suspect fraud.
• Watch out for high pressure sales tactics, especially those promising guaranteed or high-yield returns on investments. Remember the old saying: "If it's too good to be true, it probably is."
• Be cautious when the job posting claims "no experience necessary".
• Do your research on any company you might do business with just as you would offline. Beware of buying anything from a business you are unfamiliar with, who asks for payment to be mailed to a P.O. Box or to be wired through secondary sources.
• Finally, be cautious when dealing with individuals outside of your own country.

• Never open attachments from unknown sources and be cautious about attachments from people you know. Attachments can contain Trojan horses, worms, or viruses, which can seriously damage your personal or work computer. Make sure your virus protection software scans all attachments before you open them; this is a common way for viruses to spread.
• Do not reply to spam e-mail messages or other harassing or offensive mail. By responding, you only confirm that you are an actual person with an active e-mail address who can be plagued with constant unwanted e-mail solicitations. Instead, simply delete the message or forward the unsolicited message to the customer service department of the source's e-mail server
• Use common sense when you're sending and receiving e-mail. It is good to maintain a strong sense of skepticism. Use extreme caution when revealing personal information, such as your social security number or physical address to anyone you communicate with through e-mail, even if they purport to be someone of authority. This is a common method of identity theft and most companies will not request personal information from you through e-mail. Verify by phone the need for this information.
• Try not to display your e-mail address in public. That includes newsgroup postings, chat rooms, websites or in online service's membership directory.
• Check the privacy policy when you submit your address to a website. See if it allows the company to sell your address. You may want to opt out of this provision, if possible.
• Decide if you want to use two e-mail addresses - one for personal messages and one for newsgroups and chat rooms.
• Use an e-mail filter. Check your e-mail account to see if it provides a tool to filter out potential spam or a way to channel spam into a bulk e-mail folder.

AUTOS
Q. What should a written estimate for automobile repair include?

A. It should identify the condition to be repaired, the parts needed, and the anticipated labor charge. Make sure you get a signed copy. It should state that the shop will contact you for approval before they do any work exceeding a specified amount of time or money. Visit the states Division of Consumer Services web site at www.800helpfla.com for more information about motor vehicle repair.

Q. Is one automobile repair technician better than another?

A. Look for shops that display various certifications like an "Automotive Service Excellence" seal. Certification indicates that some or all of the technicians meet basic standards of knowledge and competence in specific technical areas. Make sure the certifications are current, but remember that certification alone is no guarantee of good or honest work. Ask if the technician or shop has experience working on the same make or model vehicle as yours.

Q. Who has jurisdiction in the State of Florida to handle and investigate automobile repair complaints?

A. The Florida Department of Agriculture and Consumer Services, (800) 435-7352 for English, and (800) 352-9832 for Spanish.

Q. A week ago I thought I had purchased a new car. The dealership took all my pertinent information, ran my credit, took my old car in trade, delivered the new car to me and told me it was a done deal. Today a week later, I received a call from the Finance Manager at the dealership, who told me that I have to return the car or sign a new contract, because the bank denied my loan. Can they do this? Is this actually legal?

A. It all depends on the contractual agreement you signed when you negotiated the deal. That's why it's recommended that when purchasing a vehicle, you not only listen to what the sales rep has to say, but read the contract very carefully and be absolutely certain that it is clearly understood before signing. Making sure that you understand the deal and the agreement before signing the contract could make all the difference in your experience buying a vehicle.

The scenario described above is known throughout the auto industry as a "Spot Delivery." This is essentially an agreement between you and the dealership which is signed by both parties, agreeing to certain terms and conditions. Basically, the dealer looks at your credit rating, your assets and your earnings then sometimes assumed that based on the information provided, the loan would be approved by a bank, credit union or other financial institutions. However, it is important to note that the dealership does not make the final decisions for these financial institutions.

Usually, based on the terms and conditions of the "spot delivery" agreement signed by both parties, the dealer agrees to entrust you with the vehicle before final loan approval by a financial institution, and you agree to return the vehicle in the event your application for the auto loan is denied.

Sometimes one or more financial institutions may flatly deny your loan application. In that instance, the dealership usually contacts you and request that you honor the spot delivery agreement by returning the vehicle. The dealer must also honor the agreement by returning your trade-in and any money you put down for down payment.

There are other times when a financial institution did not flatly deny your loan application, but wishes to modify some of the terms and conditions. The financial institution might agree to approve the loan if certain changes are made of the terms and conditions. That is when the dealership usually contacts you to sign a new contract. Please be aware that you are under no obligation to sign the new contract. You could return the new vehicle and walk away from the deal. In most instances, it is recommended that you do so, because modifying the terms and conditions usually means a bigger down payment, higher interest rate or increased installments. However, that's a decision you have to make.

Q. If I'm not completely satisfied with a vehicle I purchased from a dealership in the State of Florida, how much time do I have to return it for my money back?

A. Unfortunately, Florida law does not provide any "cooling off" or cancellation period. It is highly recommended that you do your home work before purchasing the car. Once you sign the sales documents and take delivery of the new or used vehicle, that vehicle is yours.

There is one exception however, if during the negotiation process you were able to convince the dealer to specify in writing that you have a certain number of hours or days in which you could return the vehicle for your money back if you were not completely satisfied for whatever reason. If the dealer puts that offer in writing and signs off on it, he has to honor it.

Q. Yesterday I purchased a used vehicle from a dealer in Florida. On my way home the vehicle started to overheat and broke down on the side of the road. I called the dealer and told her what happened. She told me the vehicle was sold, "As is" with no warranty. What are my rights?

A. In Florida, when you purchase a used vehicle "As is" with no warranty, and you signed the contract and the "As is" statement, it means that you were willing to accept the vehicle in the condition it was in at the time of purchase. Therefore, after taking delivery of the vehicle and it breaks down for any reason, it is now your responsibility and not the dealers.

Used vehicles are not covered under the lemon law in Florida and dealers are not required by law to be aware of certain pre-existing problems with the used vehicles they sell.

3-DAY BUYER'S RIGHT TO CANCEL
Q. I've heard of the Three Day Buyer's Right to Cancel. When does this rule apply?

A. The 3-Day Buyer's Right to cancel applies only to certain situations, including:

Credit Financing
In a credit plan where a security interest is or will be retained or acquired on a consumer's principal dwelling (home), the consumer is allowed to cancel the contract by mail, telegram or other means of written communication up until midnight of the third business day after the contract was signed.

Home Solicitation Sales
A consumer who entered into a contract to purchase goods or services worth more than $25 is allowed to cancel the contract up until midnight of the third business day after the contract was signed if the act of signing took place at any place other than the seller's business location.

Home Improvements
A contract to repair, make a replacement to, remodel, alter, convert, modernize, improve, or add to any land or building used as a single-family dwelling or residence in which financing is involved, may be cancelled by certified or registered mail up until midnight of the third business day after the contract was signed.

Health Studios
A contract to use exercise equipment or facilities for instruction, training or assistance in a program of physical exercise may be cancelled up until midnight of the third business day after the contract was signed. The contract may be cancelled at any time the consumer dies or becomes physically unable to use the specific portion of the services they used since the beginning of the contract. The contract may also be cancelled if the health studio goes out of business or moves more than five driving miles from the location given in the contract and no suitable health studio within five miles is offered as a replacement. A consumer who cancels a health studio contract is entitled to receive a refund for the amount of money remaining on the contract.

Future Consumer Services
A contract for services to be performed in the future on a continuing basis (i.e. buyers discount clubs, employment services, dating clubs, etc.), may be cancelled up until midnight of the third business day after the contract was signed.

CHARITABLE SOLICITATIONS
Q. Is my charitable contribution tax-deductible?

A. Maybe. Although many organizations are tax-exempt and contributions to their cause are tax-deductible, this is not true of every organization that solicits contributions. Ask for the organization's tax-exempt number issued by the Internal Revenue Service (IRS). Call the IRS for verification.

Q. I have been solicited to make a contribution. What questions should I ask of the organization?

A. Before agreeing to make a donation:

• Ask to see written information concerning the organization.
• Ask for financial information, such as a copy of the organization's IRS 990 income tax return, annual report, or a breakdown of how the money is spent.
• Ask how your contribution will be put to use.
• If solicited by telephone, ask if the caller is a volunteer or a paid solicitor.

RETAIL/REFUNDS/WARRANTIES
Q. I bought some merchandise at a local store and then later tried to return it. They refused to give me my money back. What rights do I have?

A. Under Chapter 501.142, Florida Statutes, every retail sales establishment offering goods for sale that does NOT offer cash refunds or exchanges of merchandise must post a sign stating so at the point of sale. If no such sign is posted, it is assumed that the store DOES have a return policy of some type, and the policy must be presented in writing if the consumer demands to see it, or the consumer shall have 7 days to return the item if new and unused. (This law does not apply to the sale of food, perishable goods, goods which are custom made, goods which are custom altered at the request of the customer, or goods which can not be resold by the merchant because of any law, rule or regulation of a government agency).

HEALTHCARE
Q. Where can I obtain licensure and discipline information about my health care practitioner?

A. Licensure information on health care practitioners, licensed by the Department of Health, can be obtained from the Department by visiting the Department's web site at www.doh.state.fl.us or by calling (850) 488-0595. Discipline information on health care practitioners can be obtained from the Department of Health Consumer Hotline, by calling 1-888-419-3456.

Q. Can I obtain a copy of my patient records from my health care practitioner?

A. Yes. Section 456.057, Florida Statutes, allows a patient or his/her legal representative to obtain, in a timely manner, a copy of all reports and records relating to an examination or treatment by a health care practitioner.

Q. Are health care practitioners allowed to charge for copies of my records?

A. Yes. Section 456.057, Florida Statutes, allows a health care practitioner to charge no more than the actual cost of copying, which may include reasonable staff time or an amount designated by the regulatory board.

Q. I called for an appointment with a health care practitioner. When I asked about my insurance plan, I was told that my plan was accepted. Now, I'm receiving bills for the office visit and treatment. Since they told me my insurance was accepted, aren't they responsible?

A. It is your responsibility to know if the health care practitioner is a provider, along with what procedures, prescriptions, treatments, etc. your insurance or health care plan will pay. Always make sure you get information verified with your insurance or plan before seeking services, if possible.

CREDIT/DEBIT
Q. Who regulates Debt Collection Agencies in the State of Florida?

A. Debt collection agencies are regulated by the Florida Department of Financial Services. A consumer collection agency must register with the Office of Financial Regulation, and renew such registration annually. Complaints on debt collectors should be referred to the agency above at 850-410-9893; or the toll free consumer helpline at 1-800-342-2762. The Federal Trade Commission www.ftc.gov also has jurisdiction over the activities of debt collectors. You may visit the FTC web site to learn more about the protections afforded consumers regarding debt collection, or contact the Consumer Protection Agency.

Q. Are there any civil remedies for Collection Agencies who violate Florida Statute 559.72 (prohibited practices by debt collectors)?

A. A debtor may bring a civil action against a person violating the provisions of 559.72 (prohibited practices) in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred. An action brought under this section must be commenced within 2 years after the date on which the alleged violation occurred.

Q. What is the best way to dispute an erroneous or fraudulent charge on your credit card?

A. You need to notify the credit card company as soon as you discover the problem. Follow up right away in writing. Tell the company that you dispute the charge, why you dispute it and provide any supporting documentation. This letter should never be enclosed with the bill. You need to find out where the company accepts correspondence about billing problems; it is probably a different address than where you send your payment

Q. Is there anything I can do to stop getting those pre-approved credit card offers in the mail?

A. The credit reporting industry has established a toll-free hotline at 1-888-567-8688 that you can call to opt out of pre-approved credit card mailings. One call does it all! You can opt out for two years or permanently, so listen to all the options on the message before you make your choice. You can also do this online at www.optoutprescreen.com.

TELEMARKETING/TRAVEL
Q. I received a telephone call telling me I won a "free" vacation. What should I do?

A. Scam artists may tell you you've won a "free" vacation, but then claim to need your credit card number for "verification." Tell them to take a hike. If the promotion is legit, you never need to pay for a prize.

• Be on the alert for the telltale signs of a travel scam. Unsolicited faxes or emails for deeply discounted travel packages promise the world. But the fraudsters behind these offers will leave you at the gate.
• Verify and clarify. Call to verify your reservations and arrangements. Get the details behind vague promises that you'll be staying at a "five-star" resort or sailing on a "luxury" cruise ship. When you have the names, addresses and telephone numbers of the airlines, car rental companies, and hotels you'll be using, confirm all arrangements for yourself.
• Put it on paper. Get the details of your vacation in writing. Get a copy of the company's cancellation and refund policies, and ask questions. Consider whether some form of travel cancellation insurance may be appropriate.
• Use a credit card to make your purchase. If you don't get what you paid for, you may be able to dispute the charges with your credit card company. However, don't give your account number to any business until you've verified that it is reputable.
• Travel clubs. Be cautious of discount travel "memberships." Ask questions before joining a travel club. Sometimes, a "free trial" membership can result in unauthorized charges on your credit card. Find out what you'll get for your money and how you can cancel. Deeply discounted travel promised to members can be misleading.

BUSINESS OPPORTUNITIES
Q. What can you tell me about investing in a work-at-home business opportunity?

A. State and federal consumer protection agencies receive a large number of complaints about a wide variety of work-at-home opportunities -- everything from envelope stuffing to craft assembly to coupon-clipping to work-at-home directory schemes. Dissatisfied purchasers often complain that the seller fails to disclose all the costs of the business, including the cost of equipment, supplies and training materials, and the limited or non-existent market for the goods or services to be sold.

Purchasers also say that they receive overpriced, low-quality or out-of-date equipment from the seller, that sellers who promise to purchase the goods they produce reject them for failure to meet vague quality standards, and that their earnings fall so far short of the seller's claims that they never recover their costs and investment, and often fail to earn as much per hour as they would from a minimum wage job.

Q. What can you tell me about joining a multilevel or network marketing business opportunity?

A. State and federal consumer protection agencies receive a large number of complaints about multilevel marketing opportunities, sometimes called "network" or "matrix" plans, especially now that they are so common on the Internet. What most consumers don't know is that many of these plans are thinly disguised pyramid sales schemes that are illegal in every state. Far fewer than 10 percent of the participants typically make as much money as they invest and over 90 percent of the participants lose money. Pyramid schemes promise you income primarily from recruiting new participants, whereas legitimate multilevel marketing plans pay commissions only on the sale of goods or services to end-user consumers. In general, beware of multilevel plans that promise huge earnings from recruitment, or require or encourage you to purchase expensive inventory or training.

Q. Do you have any complaints or other information about a business opportunity seller called "Company X?"

A. If you call 1-800-HELP-FLA (435-7352), the Department of Agriculture and Consumer Services can check to see if the company you are considering is registered to sell business opportunities in Florida. Even if they don't have any complaints on file about Company X, that doesn't necessarily mean it's a good company. Unfortunately, there are so many business opportunity frauds out there that finding a legitimate business opportunity is a lot like looking for a needle in a haystack.

Consumer protection agencies across the country have found that most business opportunity frauds go out of business so fast that they disappear without a trace before a single consumer complaint shows up about them. That's because the fraudulent seller convinces dissatisfied purchasers that their lack of success is their own fault. So instead of filing a complaint right away and cutting their losses, they keep trying to save a bad investment by working even harder.

Q. How can a business opportunity be fraudulent?

A. The key to these frauds is false claims about how much money you will make. Business opportunity sellers provide handy earnings charts that show you will break even or make a good income if you sell only a third or a half as many items as the charts indicate you can. But the truth is that the charts and the claims about earnings are complete fiction. Most purchasers find they are lucky to sell a few items a day, and never come close to recovering their investment.

Business opportunity sellers also typically promise far more than they intend to deliver. They claim they have profitable locations for the business, yet leave you to deal with independent locators who don't know your area and get bad locations. They claim their vending machines are the best, but the ones you receive are used or low quality, and the coin mechanisms jam or break continuously. They claim that the business is simple, but don't mention expensive and time-consuming state, local or industry requirements. They even claim there is a market for a good or service when they really have no proof that is the case. And last, but not least, they often charge you two or three times as much as it would cost you to obtain the same equipment or supplies they are selling from some other source, and that means it will be even harder to break even, if you ever do.

TOWING
Q. My car is gone from where I parked it last night! How do I find out if my vehicle was stolen or towed?

A. Call your local police department or Sheriff's Office. Wrecker companies are required by Florida Statute to notify law enforcement within thirty minutes after the completion of the tow. The tow operators must provide information regarding the storage site, the time the vehicle was towed or removed, and the make, model, color and license plate number of the vehicle, or the description and registration number of the vehicle. (Chapter 715.07, Florida Statutes)

Q. It's 2:00 a.m. on Sunday morning and I just found out that my car was towed from a parking lot down the street. Do I have to wait until tomorrow morning to pick up my vehicle?

A. You can pick up your car 24 hours a day, seven days a week. However, after 6:00 p.m. or before 8:00 a.m., the wrecker service has one hour to respond once they receive a telephoned request to open the site for redemption of a vehicle. In addition, the wrecker service can charge an additional fee for releasing a vehicle outside mandatory working hours, which are 8:00 a.m. to 6:00 p.m., Monday through Saturday, with certain holidays excepted.

Q. Can I pay a towing company with a personal check?

A. Most wrecker companies require payment in cash or some other secure form of payment. Make sure you call the company in advance to find out their policy regarding payment.

Q. Are wrecker companies regulated in Hillsborough County.?

A. The Public Transportation Commission (PTC) only regulates towing companies that perform towing at the request of a government agency, such as law enforcement, fire department, schools or parks. For wrecker companies performing private non-consensual towing services, ordinances from Hillsborough County or a particular city within Hillsborough County would apply, along with FS 715.07.

PETS
Q. Am I protected by the Pet Lemon Law when I buy a puppy or a kitten?

A. If you purchase from a PET DEALER, which is defined as a person or entity that engages in the sale of more than two litters per year, or more than twenty animals per year, whichever is greater, yes you are protected. If you purchase from a private individual, you are not protected by the law. (Chapter 828.29, Florida Statutes)

Q. How old must the puppy or kitten be before I can take it home?

A. Your new puppy or kitten must be at least EIGHT WEEKS old before you can take it home.

Q. If I purchase from a PET DEALER, do I have any rights to return the animal?

A. You must receive a Certificate of Veterinary inspection listing the animal's vaccinations, and that to the best of his knowledge, the animal was found to be healthy at the time of examination. The guarantee must also include your rights to retain, return or exchange the animal if found to be unfit for sale, at the time of purchase.

Q. My puppy developed Parvo six days after I brought him home. Can I return him to the Breeder?

A. If your Veterinarian can factually verify, and is willing to testify in a court of law, the puppy had the disease prior to the sale the PET DEALER is responsible under the law to refund, accept return, or exchange.

Q. My puppy/kitten has a congenital disorder and my Veterinarian states that he can be treated. I do not want to return the puppy/kitten. Will the Pet Dealer reimburse me for Veterinary bills?

A. If the Veterinary costs are reasonable, and similar to the costs charged by other Veterinarians, you can be reimbursed up to the price you paid for the puppy/kitten from the pet dealer.