Q: I bought a puppy 6 months ago, seller said it was a "Toy" breed grows no more than 10" in height, the dog is now 15'
She won't reply to my concern, so last resource can I sue?
I think it was very misleading and I paid 2k for the puppy.
Toy breed grow no more than 10" (you can see online for the size charts)
Mine is almost 15' and he still growing.
A: If you have documentation that says she was selling a toy breed and you did not receive a toy breed, you can sue in Small Claims court for your money back. If you win, I expect that you will have to give the dog back, or receive damages based upon the value of what you received, e.g., the toy breed is $2k, while the standard breed is $1.5k, so damages are $500. This is an example only. I have no idea whether you received a non-toy, or whether a non-toy is worth less than a toy.
A: Do you have a warranty, contract, or other proof to support your claims? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Yes, you can sue. The limit in small claims is $10,000. If you can prove fraud (seller knew it was not a toy, or had no reasonable basis for believing it was a toy), you may be able to recover punitive damages, in addition to your actual damages. You should probably consult with an attorney before you file your case, to get a good idea of how to prove your case. See, for example, http://limitedscopecounsel.com/small-claims/
A: See if you have the origninal ad or listing. May also be a question of whether you asked who was the breeder etc. Take her to small claims--but you'd also have to show that the extra 5" makes a big difference. Size charts are averages--as with humans, animals can grow to sizes below and above norms.
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