Consumer Law, Warranties Breeder misrepresented the facts of dog

[Beck27]

I had talked to this Goldendoodle breeder 6 or 7 times and was VERY clear and specific on the size and coat I wanted on a new dog. I made it clear that I needed to get a dog that not be too big for my family and my 2 year old. She had a 9 mo. old male pictured on her site that was the coat I wanted, I wanted a shaggy coat, there are 3 kinds of coats shaggy, curly and flat. I called to see how big he is and what his size would be full grown. She told me that he was shorter than her knee at the withers many times, and we talked many times about how great his shaggy coat is and how I DID NOT want a curly coat.
I have been looking at Goldendoodles for months, I know I am being very specific, but I have the time and patience to shop around and get exactly what I want.
With mixed breed puppies it might be hard to judge how big they will be when full grown, so I thought that my size requirements were SO specific perhaps an older puppy who is almost done growing was a safe bet.

So during our conversations she repeatedly assured me he was below her knee (at the shoulders) She is 5ft 5. She assured me that he was a shaggy coat, and told me he would fit into a 32inch crate and not touch the top. It was with all that info that I agreed to buy the dog and pay alot to have him flown from No. Carolina to San Diego. It was too hot to ship him to Phx where I live.

In San Diego I saw the dog at the airport and freaked. He is at least 5 or 6 inches taller than she said. And he had to be shipped in a 36 inch tall crate. I am 5 ft 7 and he is 3 or 4 inches taller than the top of my knee. And he has a curly coat.

I have nothing in writing about our discussions on size or coat. And now I have a dog that is much larger than I agreed to buy. She has a no refund policy, but is there anything I can do? I feel like she committed some kind of fraud.
I feel like I paid for a mini cooper and got a pickup truck upon delivery.

Thank you for your help and advice.

 

[theretoo]

i am guessing that you bought the dog from photos or a website and you were not able to see the dog in person prior to purchase. did she provide photos of the dog next to her or anything that would have shown his size in photos comparitive to the height of the seller. at 9 mos. old, a puppy is still growing. did his coat in the pics appear the same as he appeared in person

 

[dee_dub]

It sounds like you have a pretty good case of misrepresentation or breach of contract. A "no refund" policy doesn't override those. If you can't get her to agree to take the dog back, worst case scenario is you could attempt to sue her and you stand a reasonable chance of success. However, I suspect you are going to have a heck of a time trying to claim your money back from someone clear across the country.

 

[theretoo]

she does not have proof that what the breeder represented is different than what she received. buyer beware comes to mind. if the animal she received is a different animal than what was represented in photos, videos, etc. then she would have a case

for size difference, then what the buyer was looking for would be a cross between a miniature poodle and a labrador retriever. the animal she received is probably a cross between a standard poodle and a lab. did the seller specify what the parents of the dog were