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I agree with LeoRose. Mixed breeds are inherently unpredictable, and it's always a risk that the combination of traits you get isn't the one you want. Without more information it's hard to say whether the breeder made an honest misjudgment about your pup's adult size or was just trying to make a sale. If you signed a contract that requires you to return the pup to the breeder if you can no longer keep him, that's likely your best option should he outgrow your apartment's weight restrictions, but if not I suggest you work out a contingency plan now so you can weigh the pros and cons before you're being forced to choose. Sometimes people in these kinds of situations will be lucky enough to have family or friends they can send the dog to live with until they can sort out a living situation that works for everyone, but in other cases moving just isn't going to make sense and you'll have to focus on permanent rehoming.

Even if the breeder deliberately mislead you about the size, you have little to no legal recourse. Some states have 'puppy lemon laws', but these typically only apply to illnesses or hereditary disorders the puppy is suffering from when the buyer receives it, so this situations wouldn't be applicable. Otherwise, it's pretty much a situation of 'buyer beware', and if you want to negotiate a refund or similar you're basically at the mercy of the breeder. It sucks, and I'm sorry, but I want you to be prepared if you do have to give your dog up.
 
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