Q: Dog was sold to us and represented as a purebred mini aussie. Had dna done via a blood draw proved our dog is a mix
Our dog is not a mini either. What recourse do we have? Sue the pet store for misrepresentation? Can we use the dna in court as proof? Paid $1500.00 for a purebred, when in fact he is not and would normally cost $150.00. Advice please?
A: You can sue the pet store for breach of contact, misrepresentation, and possibly fraudulent inducement, among other torts. It would be best if you met with an animal law attorney to go over all your options.
A: The DNA test may not hold up in court. I'm currently disputing the accuracy of DNA in cases where a city is using them to impose breed specific legislation on dog owners. Did you get AKC papers? Also, many breeders say a dog is a "mini" by breeding small versions of the breed, but there is no such true breed as a "mini" or "teacup" anything.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
