Wrong size dog sold.

////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.

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