Legal Question in Consumer Law in California

Dispute over pure bred of a dog

can a person recive a refund for a dog, after finding out it was not a purebred dog and even though it wasn't advertised as a purebred and was not sold with papers and was bought out of a classified ad in the newspaper?


Asked on 3/30/01, 4:49 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Dispute over pure bred of a dog

I have to begin by asking what led you to believe the dog was a purebred, anyway? If it was misrepresented by the seller, then you may have a valid reason to rescind the purchase agreement. If, however, you knew there were no papers, did no independent investigation of your own, and had nothing other than your own belief that the dog was purebred, then the old "caveat emptor" (buyer beware) axiom applies. If the classified ad had stated it was pure, or the seller told you so before you purchased, then you did not get what you bargained for, and his/her action might have risen to the level of fraud, for which you would certainly be entitled to back out of the deal. This would be especially true if the seller was a commercial dealer in dogs, and should have known better (held to a higher standard of care and disclosure). As it is, based on what you have said, it looks like you may be stuck with the mutt. Whatever you do, don't turn around and try to sell it to someone else as a "purebred" to recoup your loss!

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Answered on 6/04/01, 3:23 pm


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