Legal Question in Consumer Law in New Jersey
My friend bought a 12-week old puppy advertised as purebred dachshund by the owner but found out that it was a mix breed, probably dachshund/cavalier mix after a few months of growing. The dog is healthy otherwise. Can my friend sue the seller for misrepresentation, deception, or something else?
1 Answer from Attorneys
From the facts as you state them, the matter should trigger the NJ Consumer Fraud laws. The CFA mandates triple damages plus attorney fees for the plaintiff who shows liability plus an ascertainable loss. It is sufficient that a false statement was made. Plaintiff does not need to prove that the seller knew that the statement was false. One question is the status of the seller. If the seller is a private person who does not regularly sell pups, a CFA claim may not apply. Have your friend consult a local lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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