Bigpimpen22 led me on a wild goose chase.

If you're having tough times, don't be spending money on luxuries like snakes. The hurry is that you are feeding/housing/and caring for an animal that really is not yours any longer (not yours to do with what you please as it is being held on deposit). You're boarding an animal for someone else.

How much was the total selling cost of the snake?

Originally Posted by suzuki4life

I highly recommend the buyer to talk to an attorney .

I'm thinking an attorney (if you could get advice for a $100 issue) would say that there are claims each side can make. As you know, the UCC governs this transaction for the sale of goods. Both buyers and sellers have remedies under Article 2, section 2. Buyers have specified rights to a certain statutory amount of deposit (if this was a deposit and not an option) but sellers have various contractual rights and to recover for expenses incurred.
To imply to the buyer that he is 100% in the clear here is, I believe, not the case.

i just read this again i just wanna make sure im getting it correct
the $100 hold was placed with no TOS or warning is was non refundable?

I would refund the guys $100. If you have a $300 snake, and you take a $100 deposit from person A, and they never come through, and you sell the snake to person B for $300, you make an extra $100. Now, if you waited a year and the value of the snake declined to $200, then, I could see you keeping the deposit because you LOST money. I have been breeding Balls long enough to know, you do not always get paid for your time, frustration, and patience, but you are usally rewarded in the end.

UCC normally only pertains to a commercial sale, where this appears to be a civil case without written policies of action in place. Texas law will differ from where I am. In this troubled economy, I am sure plenty of lawyers are offering free consultations. I personally would not allow a person to take my money AND slander(libel technically) my name publicly without action.

I do not see a contract in place. Payment given has not been defined as a deposit by the buyer to his acknowledgement, nor has he stated he agreed to it being forfeited under any circumstances. I would say at best there is a feasible breach of understanding that would allow the seller to choose other options with his product but not the buyer's money. "$100 down" could be construed merely as a first of many possible payments (or maybe just one more). Without a written contract in place this will be at best viewed as "open ended".

I'd contact the police with a copy of this post in hand to ensure the seller can not deny receipt of payment. I would ask for them to retrieve my payment or press charges. It would then be up to them to take action or encourage the buyer to address this civilly through the small claims court.

in other words, it could be very messy and embarrassing to both parties over $100. However, depending on state law, a plantiff may be able to ask for reimbursement for legal expenses, incurred costs to collect/recover payment etc. In others words, it could get much more expensive than $100 to the seller if the court favors the buyer. I still think the seller should refund the cash, sell the snake to someone else and walk away. I'm betting the buyer would let it drop without a second thought.

Originally Posted by David Reid

I would refund the guys $100. If you have a $300 snake, and you take a $100 deposit from person A, and they never come through, and you sell the snake to person B for $300, you make an extra $100. Now, if you waited a year and the value of the snake declined to $200, then, I could see you keeping the deposit because you LOST money. I have been breeding Balls long enough to know, you do not always get paid for your time, frustration, and patience, but you are usally rewarded in the end.

I would disagree with this a bit. At the time someone puts down a deposit on an animal wether it is in a ToS or not it is a commitment from both sides. The seller has commited to sell that animal to that person and to provide care for that animal until it is paid in full. The buyer has agreed to purchase that animal and follow through with the sale in a timely manner.

I would agree that if I was in the sellers shoes, I would have set a paid in full date when the deposit was made. It does however sound like the seller made a more than reasonable attempt to get the animal to the buyer but each time the buyer had reasons he couldnt.

Life happens and I get that but if the seller had to leave work early or take days off only to be ditched at the last minute by the buyer, then no refund should be given. Time is money.

Another option may include giving the buyer a $100 credit on another animal since the seller did say he was expecting future clutches.

Originally Posted by suzuki4life

UCC normally only pertains to a commercial sale .

You are completely in error. While some parts of the UCC do describe the parties 'between merchants' the UCC pertains to all sales and has been adopted by all states except Louisiana.

All sales pertaining to the sales of goods, and this sale qualifies.