Wrong size dog sold.

Question

I purchased a mini goldendoodle at a premium price, expecting a weight range of 25 to 35 pounds. However, my goldendoodle now weighs 60 pounds, twice the size of any mini doodle I've seen. Despite being advertised as a mini, it's clear that she is not. Are there any actions I can take in this situation?

Answer

Your situation reminds me of a case in New York from years ago involving the sale of a Maltese who was represented as a “teacup.” The court stated, in part: “Muffet now weighs eight pounds…she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. The testimony further demonstrates that Little Miss Muffet’s size is attributable not to an excessive consumption of curds 'n whey (or more likely, Kibbles 'n Bits), but instead to her general genetic makeup. In short, Muffet was bred to be a plain old tiny standard Maltese and not a teeny tiny teacup Maltese.” The court awarded the plaintiff
$1,000, which represented the difference in what a regular Maltese would have cost ($1500) and what the plaintiff paid ($2500). The court also awarded an additional amount for the sales tax. I cannot predict how another court will decide a similar case. I hope that despite the dog’s size, he is loved. Next time, consider adoption. There are so many wonderful dogs at shelters/rescues waiting to be adopted.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2023-12-14T10:40:52-04:00November 24th, 2023|

Share This:

Go to Top