Ben met what he thought would be his new dog when the puppy was nearly eight weeks old, cuddling and bonding with it for 45 minutes at the breeder’s property.
But when a puppy arrived via air freight at Ben’s home in Melbourne a week later, he says it was not the same dog he had held days earlier.
Ben only wanted to use his first name.
Franklin had come from Tasmanian Labradoodles. Last month, it shut down over allegations of overbreeding.
Tasmanian Labradoodles operated for more than a decade on a 36-hectare property at Epping Forest, south of Launceston, selling dogs across Tasmania and interstate.
The RSPCA first brought 70 charges for overbreeding against the owners, Elizabeth Anne Bartlett and her husband Paul, in early 2023, before reaching an out-of-court agreement for the immediate and permanent closure of the facility and the surrender of all of its dogs.
They declined to comment when contacted by the ABC.
Ben said he was shocked when the dog that turned up at his house in 2022 was different from the one he had met.
“We tried to remedy the issue directly with the breeder. We contacted them immediately after we discovered it wasn’t the right dog,” he said.
Text messages between Ben and the company, seen by the ABC, say Ben received a brown wool coat labradoodle, which is what he ordered, but the puppy the breeders had introduced Ben to at the property was a brown fleece coat.
Ben said Tasmanian Labradoodles asked him to pay $500 extra to swap the puppies over, as a fleece coat dog costs more.
“So with a bit of back and forth, we didn’t decide to pursue that just because it was an extra cost and an extra hassle as well.
“But we definitely still wanted to seek a remedy from them and they weren’t willing to do that,” he said.
In another text, Tasmanian Labradoodles did offer to halve the additional cost to $250.
Ben said he had already forked out more than expected, saying the original quoted price was $2500 all-inclusive, but that had increased to $3670 over the four-month purchase period.
“It was obviously shocking. We were swept up in the excitement of adopting a dog, and we’re first-time dog owners, so it was really exciting and we had blinkers on really because of that.
“It was shocking to receive a different dog and it was also shocking that the price kept hiking throughout the process as well.”
Labradoodle buyers speak out
Since news of the legal agreement broke, owners have contacted the ABC to share stories of their experience with Tasmanian Labradoodles-bred dogs, including owners who have had to pay significant vet bills.
Susan Hissey, an owner in Sydney, was one of them.
She bought Ruby in 2021, after being on a waiting list for a puppy for months.
Ms Hissey said when she called to follow up she was told that the breeder had a 10-month-old puppy available because they “forgot to sell it”.
“We took her to the vet and immediately he said, ‘There’s something wrong with her legs’,” she said.
That something turned out to be a severe deformity in both back legs, described as an extreme case.
“They had luxating patellas, which means her kneecaps weren’t in the knees. They were on the side of the legs somewhere,” she said.
Two surgeries, one on each leg, set Ms Hissey back about $14,000.
Ms Hissey forwarded the orthopaedic vet’s assessment of Ruby to Tasmanian Labradoodles.
“Not to blame [Tasmanian Labradoodles] but just to let [them] know because I was concerned about other dogs. I said, ‘You shouldn’t be breeding those two dogs together,'” she said.
“And I never heard anything back.”
Ms Hissey later checked the breeder’s website and found Ruby’s parents still listed as a breeding pair.
“I knew their names because I got a genealogy chart when I got Ruby, and there they were sitting on the website exactly the same,” she said.
Dog owners considering legal action
The ABC has learnt some dog owners are looking at the options available to them under Australian consumer law.
Under the law, puppies fall under the category of consumer goods, meaning owners are protected before, during and after the point of sale.
In Tasmania, the Consumer, Building and Occupational Services (CBOS) helps consumers resolve disputes about faulty goods and services.
A CBOS spokesperson said it could help consumers and businesses to understand their rights and resolve complaints.
“Your pet should be free of any significant health issues and live a healthy life span relevant to the breed, match the description advertised by the seller, do everything you would normally expect from the animal’s breed, and be of acceptable quality,” CBOS said.
The Victorian government funds the Animal Law Institute (ALI), which represents pet owners in that state.
ALI principal lawyer Naaman Kranz said ALI could help recover costs if a companion animal had a congenital disorder or a condition that existed at the time of sale that had incurred significant costs for the owner.
“We usually start with just trying to settle the matter, if possible, outside of a court or tribunals. And that’s best for everybody, and if we can do that, then that’s great,” Mr Kranz said.
“But, if not, we will act for clients in the VCAT — the Victorian Civil and Administrative Tribunal — or the Magistrates Court [of] Victoria, to run these matters.”
Mr Kranz said in the case of an owner receiving a different dog from the one they had been told they would receive, it could amount to a breach of contract.
For consumers to launch a class action, at least seven claimants would need to get together to raise “very similar factual and legal issues”, Mr Kranz said.
“Probably the biggest hurdle that I could foresee in doing something like this would be the breeders filing for and obtaining bankruptcy, in which case they wouldn’t have the funds to be able to pay any of the liabilities.”
Tasmanian Labradoodles has shut down its website and online sales. Its business landline has also been disconnected. When the ABC phoned the business’ mobile number, we were hung up on.
Ben said he wanted awareness raised among others looking to buy a dog, to help them better understand any red flags.
“I think it’s vindicating that that action is being taken. I think it’s really fantastic. I think that the RSPCA has obviously had to shoulder the burden,” he said.
“If there is a critical mass of people who want to seek a remedy from this breeder, I would definitely pursue that as well.”
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