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Bad Guy Bigpimpen22 led me on a wild goose chase.

michaellosoya

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Bigpimpen22 [email protected] agreed to buy a female mojave from me almost 3 weeks ago. He asked if I would hold her for $100 until the weekend so he could pick her up. I agreed and he put the holding fee in my paypal. Saturday comes and no word from him, I get in touch and he says sorry his kid is in the ER but he will still get her. He offered to put another $100 in my paypal to hold her for another week because he needed time to sell a snake to come up with the funds. He never put more in my account and when next saturday came, he said he he still didn't have the money, but he assured me he would pick her up Sunday. Sunday came, and he said he couldn't get her until after 3......at 4 he said that he was in the ER again but this time with his wife .. I find it unlikely that every time we agree to meet, he has some kind of excuse. He still said he would come get her. I told him he had until 6......but he wanted to meet up as late as possible(I wouldn't leave my sick wife to pick up a snake), which sent up a red flag immediately. I told him I was going to sell her to someone else because I've wasted too much time already and took off work each time he wanted to meet up. I have since found a purchaser for her and Bigpimpen22 keeps texting me wanting his holding fee back. I have explained to him thats not how holding fees work and I just don't want it to get out of hand. I have texts to prove all this but need to get to a final so I will post them later. Long story short, don't agree to buy something you don't have the funds for and don't tell people you will meet them when you won't, some people have better things to do than go on wild goose chases.
 
If your agreement is that the $100 was to hold the critter he is not entitled to receive it back.
Good luck on the final, and post emails and stuff when you get back.
 
Yes and dont forget to post that I had the money Sunday but I didn't want to leave my wife....don't half way tell the story because I have all the texts as well but its ok family does come 1st and that's wat I did stuck buy my family thanks....matter of fact when I get home I will put all of the texts on here.
 
Yes and dont forget to post that I had the money Sunday but I didn't want to leave my wife....don't half way tell the story because I have all the texts as well but its ok family does come 1st and that's wat I did stuck buy my family thanks....matter of fact when I get home I will put all of the texts on here.
The $100 looked to be a hold until the first weekend. The seller says that you said you said did not have the funds at that time.
Whether or not you had the funds, the $100 was for the seller's time to hold the snake for you and is not refundable.
 
Yes and that I understand now but if someone tells you that your family is sick and the person has the cash was that a reason to sale the snake after hearing that...
 
Was the buyer aware that the holding fee was non-refundable?

I have it in my TOS on my website that deposits are non-refundable, but I also clearly state it in any communications with a buyer.

If it's not somewhere in writing, you might be out of luck. But I do agree, that the whole point in a holding fee is to lock in a done deal. If it was refundable, there would be no point.
 
Yes and that I understand now but if someone tells you that your family is sick and the person has the cash was that a reason to sale the snake after hearing that...
The seller has according to him lost money by taking off work each time y'all were supposed to meet. I'd probably go ahead and sell as he did; he may have been expecting more delays from you.
 
It wasn't in writing know where but he wants me to look bad when I'm not the one that did wrong...yes I will own up to the second time when I was suppose to put the other 100 in but I didn't my fault but after I told him I have the cash he UPS and sale her thats what I'm mad about
 
I once took about 4 months to purchase a snake. True I was making payemnts every month. But my point is, what is the hurry?

I think these two could have ironed it out. True, the buyer messed up. But come on seller. You had his money. Perhaps a little more customer service. Times are tough. Patience in these tough economic times would be a virtue.
 
I could not give him more time, I agreed to hold her until the weekend because it would wait until then. But when a buyer agrees to buy something by a certain time and repeatedly backs out when the time comes, how am I supposed to think any future arrangements will go differently? He said he had the money and could get her Tuesday, but why should I believe that when it comes, he will need until the next weekend again. I sold her because I am a college student and needed the money for life's expenses. I was as patient as I could be, but couldn't afford to wait on another arranged date of purchase that may or may not actually happen. I would have been a fool to not take an offer of payment in full via Paypal. I don't have a terms and conditions page because I'm not running a big enough operation for that. The agreement was made however, to hold her until the first weekend and I will post the conversations when I get home. I have sold dozens of snakes on Fauna without any problems before this. I have even held snakes for people and taken payments over times if they were highly valued snakes. This sell was full of dilemmas and excuses, one after the next.
 
I once took about 4 months to purchase a snake. True I was making payemnts every month. But my point is, what is the hurry?

I think these two could have ironed it out. True, the buyer messed up. But come on seller. You had his money. Perhaps a little more customer service. Times are tough. Patience in these tough economic times would be a virtue.
Ritchie as much as I respect just about every single thing you say, in this instance I think it was OK for the seller to sell to a different buyer. There are tough economic times for him too. Had it been once, well, that's one thing. But these repeated delays and the seller's need for his funds makes his choice almost necessary for him.
 
I would have to say I agree with Lucille on this

If a date is agreed upon for payment or pick up, and a deal cannot be made on the date agreed upon, it is a breach of contract and since its not the sellers fault the seller is not obligated to continue holding the animal for you.

You can defend your own wrong doing all you want, but the Seller did nothing wrong in selling the animal.
 
I agree with Lucille and Willow.

If this was simply you making payments, I could see giving you more wiggle room. However, this was you say I'll meet at this time, this day, then no showing, then again, moving times, then no showing. That's a heck of a lot different.

I think the OP made the right choice.

Also, you might still want to post the texts/emails or whatever you have.
 
Here are the emails, I'll get the texts up next. The conversation goes from the bottom up.

From: michael losoya <[email protected]>;
To: Chris Wilder <[email protected]>;
Subject: Re: [email protected]
Sent: Thu, Apr 12, 2012 1:18:16 PM

I don't really need one of those at the moment but the deposit will work just fine. Which female is it that you want? My paypal account is [email protected] and I will hold her for you. Just let me know. Thanks,

Mike

On Apr 12, 2012, at 7:33 AM, Chris Wilder wrote:

And if your not interested n tha trade I can give u 100 down on her so she won't go anywhere lol



Sent from Yahoo! Mail on Android


From: michael losoya <[email protected]>;
To: bigpimpen22 @ FaunaClassifieds <[email protected]>;
Subject: Re: [email protected]
Sent: Thu, Apr 12, 2012 7:07:28 AM

Hey Chris, I'm really trying to make room for upcoming clutches so a trade doesn't really interest me. But anyway, let me know what you would be willing to trade and if anything catches my attention I'l let you know. Thanks,

Mike

On Thu, Apr 12, 2012 at 12:31 AM, bigpimpen22 @ FaunaClassifieds <[email protected]> wrote:
This is a message from bigpimpen22 at FaunaClassifieds ( http://www.faunaclassifieds.com/forums/index.php ). The FaunaClassifieds owners cannot accept any responsibility for the contents of the email.

To email bigpimpen22, you can use this online form:
http://www.faunaclassifieds.com/forums/sendmessage.php?do=mailmember&u=87090

OR, by email:
mailto:[email protected]

This is the message:

hi mike im chris and im in houston and i would love to have her would you be interested in a trade for her...let me know asap my numba is 832-978-0098 im chris again
 
Here are the texts. Note that Bigpimpen22 said in his first post on the thread that he had the money. He clearly stated in his text that his account was negative. I also want to point out again that he did no put the other $100 in my account to hold her longer. Also, each time it came down to the determined day of sale, I was the one that had to contact him, which was always accompanied by an excuse.
 

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