Pets

Protection for pet owners

You are protected by the Australian consumer laws when you buy a pet.

Follow our tips below about buying a pet to know your rights.

If something goes wrong, follow our step-by-step complaints to help you resolve your problem.

Before you buy a pet

Do your research to choose the animal that best suits your family and lifestyle. The consumer guide to buying a pet or RSPCA’s What do I need to know before I get a new pet page are great places to start.

Consider adopting a pet visit Petrescue.com.au.  PetRescue is a one-stop website for pets being advertised for adoption by major reputable rescue organisations across Australia. 

The best way to buy a pet

We recommend buying from a registered breeder or pet shop. Visit the seller before choosing your pet and ask for:

• proof (certification) your pet has had the right vaccinations and veterinary checks. If a seller can’t provide this proof, consider going elsewhere
• the pet’s breeding history and documents if required
• caring tips, such as grooming and feeding habits - type and cost of food
• a clear timeframe for when the pet will be supplied if being ordered.

Often a seller will ask potential buyers a range of questions to give them peace of mind the animal is going to a good home. Reputable sellers may also welcome or even insist you visit their premises.

It is recommended you:

• get all contracts/agreements in writing
• read the deposit, cancellation and refund terms
• keep your receipts and any correspondence 

Any contract changes need to be agreed by both you and the seller. If you both can't agree, the original contract stands.

Buying from a pet shelter

Your consumer guarantees are limited if you adopt from a shelter or rescue. This is due to the often unknown history of the pet.

Your rights when buying a pet

Under Australian Consumer Law (ACL), pet buyers have the same rights and protections that apply to most other purchases.

Your pet should:

• be free of any significant health issues
• live a healthy lifespan relevant to the breed
• match descriptions advertised by the seller
• do everything you would normally expect the animal
• be of acceptable quality.

Sellers must also meet any additional promises they make about the animal's:

• pedigree,
• condition,
• performance, or
• characteristics.

If something goes wrong

If your pet doesn’t meet your rights listed above, under ACL you can ask the seller to:

• meeting the costs of veterinary treatment and/or medication required
• exchange your pet for another one
• compensate for financial loss of the pet, or costs such as vet bills
• give you a partial or total refund.

Owners often bond with their new pet immediately. You may want to keep it even if something is wrong like a health condition. You may still be eligible for a full or partial refund under the ACL.

Not everything is protected

 You are not covered by ACL if:

• you simply change your mind about wanting the pet
• you bought it from a one-off private seller, shelter or adoption centre
• the pet suffers an injury as a result of your actions or an accident
• an illness is caused by factors outside of the breeder’s control. This includes if the pet contracts a disease after it has left the breeder

Negotiating with the pet seller

Contacting the seller or breeder immediately to discuss your issue privately. Use our Advice when contacting a pet seller and put your concerns in writing.

See our step-by-step guide to resolving you problem.

If you are unable to reach a solution, contact Consumer Protection on 1300 30 40 54.

If a reasonable outcome cannot be reached through Consumer Protection conciliation, you can lodge a claim with the Magistrates’ Court.

Case studies

Buying online and scams

Be careful about buying a pet online. You could be buying from a puppy farm with poor breeding practices, or fall victim to a scam.

There are plenty of online scammers who offer ‘pedigree pets’ below market price. They offer to transport the pet to you, but pet does not arrive.

Scammers may ask you to pay using a bank transfer, which could be impossible to trace. Along with the disappointment of not receiving your pet, you will have lost your money. 

Avoiding pet scams

• Our tips to buying from reputable pet sellers.
• Buy from a pet shop, rescue shelter or a registered local breeder.
• Check they have a genuine physical address, landline or mobile number and Australian Business Number.
• Meet the seller, and the animal, before paying any money.
• Avoid impulse buying after seeing a ‘bargain’.
• Check for industry recognised accreditation (e.g. via Dogs West). Check it is valid.
• Look for pixelated photos, spelling errors and anything that appears like a copycat of real online businesses.
• Search reviews or warnings about the seller. Check if consumer protection agencies named the seller as a fraudulent trader.
• Use a credit card or PayPal, where you have ways to dispute the transaction. Avoid insecure bank or wire transfers.

If in any doubt, contact Consumer Protection on 1300 30 40 54 or visit WA ScamNet’s Pet scams.

Reporting neglect

If you are concerned about an animal being bred and/or kept in unacceptable conditions or suffering in any way, contact your local council via Local Government Directory or the RSPCA on 1300 278 358 or via Report Cruelty.

Guardianship contracts

Guardianship contracts are not a sale contract. They are an agreement between a breeder and a consumer for the care of an animal.

In these agreements, you become a full-time caretaker not an owner. You take the animal home for a cheaper price than the full ownership cost. In return, the seller maintains the right to re-claim the animal at any time for breeding.

Be cautious before signing guardianship contracts. They often contain unfair terms benefiting the breeder, such as:

• being able to visit or collect the animal at any time
• the right to keep the animal for long periods of time
• the right to take the dog and dissolve the contract at any time.

Seek independent legal advice before signing a guardianship contract.

Tips for buying a pet

Download the pet buyers – know your rights poster - you can also order a free printed copy of the poster and magnets.