A British Columbian woman who believed she was buying a certain type of dog will get her money back from the breeder thanks to a DNA test.
The case was heard by the provincial civil decision tribunal last week, and published online documents outline the reasons for the CRT member’s decision.
As summed up by tribunal member Leah Walkers, the dog’s owner bought Dusty from a woman who promised the puppy was “a 7/8 Australian Shepherd and a 1/8 Border Collie.”
But it soon became clear that Dusty was something else, according to his owner. She told CRT that she believes she is entitled to $ 2,000 – a partial refund of what she paid for the dog – because the dog is not what it was advertised for.
The seller, for his part, disputed the allegations, saying he never guaranteed Dusty’s size, color or appearance.
Both women have been represented in the CRT case, which is based on whether the seller violated the contract with the buyer, who paid $ 2,500 for the dog.
As part of his evidence, the buyer presented DNA test results showing that Dusty’s genetic makeup included both breeds, but also “15.5 percent of cars.”
As the dog’s make-up was explicitly stated in the purchase agreement, it was found that the seller had breached that agreement.
Dusty’s owner did not want to return the dog, but instead asked for some of her money back, saying she agreed to pay only the asking price because she believed Dusty was almost a purebred dog.
“She says she would not agree to buy a mixture of Australian Shepherds for $ 2,500 and it was not obvious at the time of purchase that Dusty was a” mixed breed 3 dog, “Volkers said.
The owner estimated that the price of mixed breed dogs ranged from $ 500 to $ 1,200, but she also presented two recent ads that she said were published by the breeder.
One of the ads claims that she is selling “Australian (Shepherd)” puppies with a small border collie for $ 1,500, and another is selling Australian Shepherd puppies for $ 2,000. The seller does not address these ads in their responses to the CRT.
“I accept that a dog that is a 7/8 Australian Shepherd will attract a higher price than a dog that is half Australian Shepherd and half other breeds,” Walkers wrote.
“The two recent advertisements in evidence support this.”
But as for how much the buyer is actually entitled, Walkers disagreed. She said the woman had overpaid her dog a maximum of $ 1,000 and decided to reimburse $ 500.
Dusty’s salesman said he would pay that amount, plus $ 1.85 in interest before the verdict and $ 62.50 in court fees, within 30 days of the April 22 ruling.
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