Mislead by dog breeder.

Question

I paid $2200.00 for a dog that was supposed to be a pure breed mini-Australian shepherd. After a DNA test, it came out to be 48% Australian shepherd and 5 other mixed breeds. It's more collie breed. I asked the breeder for half of the money back due to the fact she wasn't a pure breed dog. She said she would give me the money back and I would have to surrender the dog which I won't. She misrepresented the dog and is in breach of the contract. Do we have any legal right to get all or some of the money back if we take the breeder to small claims court?

California, USA

Answer

I cannot predict how a court would decide any given case. Small Claims courts are more liberal than other courts in accepting documents into evidence. There have been cases where dog breed DNA tests were considered by courts. For example, there was a case in New York involving similar facts as you described in your inquiry:
The court stated, in part:
In this small claims action, plaintiff, alleging that the puppy he bought from defendant for $2,500 was not the breed that he had bargained for …seeks a partial reimbursement of the purchase price of the dog. At a nonjury trial, plaintiff submitted the results of an online DNA test, which had showed that the breed of the dog was different from that listed on the contract…Plaintiff submitted photographs of the breed that he had bargained for so that the court could compare his dog to the dogs in the photographs.
The court awarded the plaintiff $1,000.
You may also file a complaint with the state Attorney General’s office, which investigates consumer fraud and may help obtain restitution.