How would you handle this?

I've always been willing to let people put down a nonrefundable deposit to hold an animal as long as a specific date is agreed on to finish payments. And I have to say, the majority of people are great, and do exactly what they say they will. However, right now I have an issue.

I had a guy email me back in Sept. about an animal I had listed for sale. In the ad it states that payment plans are available, but only with a nonrefundable deposit. We agreed on a price, deposit amount to be paid by Postal Money Order, and a date to finish the payments and I took the animal off my site. He was late sending the initial money order (I continued to hold the animal because I didn't realize he hadn't sent it right away). When the rest of the money was due, he said he had financial issues and would need to pay in 2 weeks. I said fine, partially because I was really busy at the time and wasn't posting many ads anyway, and partially because I wanted to do everything I could to get him the animal he wanted and keep him from losing the deposit. A few days later he emailed and said he wanted his deposit back. I copied the text from the ad, and reminded him that, as per my ad, the deposit was nonrefundable. He said nevermind, he would get the money. The money was due a few days ago, and after hearing nothing from him I emailed him this morning to let him know that I couldn't hold the animal any more. He said fine, he didn't have the money but he wanted the deposit back.

Part of me thinks I should just send it back...the $ amount isn't huge and I have a feeling he may throw a fit if I don't. On the other hand, I've bent over backwards to try to accommodate this guy, he hasn't done much to keep up his end, and he hasn't even had the courtesy to let me know what's going on unless I bug him, so I'm not feeling overly generous towards him. What would you do? Also, is this worthy of a BOI info thread on the guy? It's been enough of a headache that I will certainly avoid doing business with him again (I had considered offering the deposit as a credit towards a future purchase, but I decided against it).

It was in your ad, he agreed by answering the ad and in emails, he understood it was a non-refundable deposit... I'd say that's enough proof on your end that he breached the contract. I don't know if I personally would return the deposit or not.. it would be nice if he's struggling financially but he has jerked you around a fair bit. Maybe I'd keep it until the animal gets another buyer.

Shelly,

I think nonrefundable deposits mean just that, but every vendor can choose whether to enforce the disposition of the deposit on a case-by-case basis.
You posted that he claimed to have financial issues. Financial issues mean different things to different people, and perhaps if he were to share with you the nature of the issue it might help in your decision.

If it meant a late mortgage payment, he knew the mortgage payment was coming. But if, for example, his child had just been hospitalized and there were associated expenses, to me that is entirely different and perhaps deserving of a break.
And I hate to sound hard hearted, but for some claims I'd ask proof, it seems as if there are some people who will make up a dead or hospitalized relative at the drop of a hat to cover an attack of buyer remorse.

The way I handle deposits in my store, which I realize is different than when you are just selling an animal and on line to boot, is that the 25% deposits are nonrefundable for cash. If you change your mind on the animal you basically have a store credit for whatever the amount the deposit was. I understand your dilemma however. You have a TOS and you want to stick with it but in a way you feel for the guy and think you might be being a bit of a jerk for not refunding his deposit. You want to refund just to be a nice guy but you also feel that he jerked you around a bit so you also want to keep it. I know I would have a hard time keeping a deposit outright despite what my TOS might say. I think teatime might have the best solution. Tell him you will refund the money as soon as you find another buyer for the snake.

If he doesn't go for that tell him you will refund a percentage of the deposit (the same percentage the deposit was for the snake) then agree when you will send him the rest. Then don't send the first part back on time then miss the deadline and then tell him you are having financial difficulties and want your refund deposit returned.

Originally Posted by Lucille

Shelly,

I think nonrefundable deposits mean just that, but every vendor can choose whether to enforce the disposition of the deposit on a case-by-case basis.
You posted that he claimed to have financial issues. Financial issues mean different things to different people, and perhaps if he were to share with you the nature of the issue it might help in your decision.

If it meant a late mortgage payment, he knew the mortgage payment was coming. But if, for example, his child had just been hospitalized and there were associated expenses, to me that is entirely different and perhaps deserving of a break.
And I hate to sound hard hearted, but for some claims I'd ask proof, it seems as if there are some people who will make up a dead or hospitalized relative at the drop of a hat to cover an attack of buyer remorse.

Thanks everyone! I ended up taking Lucille's advice, so we will see what happens. I think my biggest frustration is that I feel like this guy has been stringing me along. I could've sold the snake already if he had been up front...

I was apart of a simlar situation. I paid the deposit just fine, understanding that this is what the buyer requests. Not a large sum, so it's not a problem. I also ended up not being able to purchase the snake due to, I havn't moved into my own house like I though I was going to yet. She was nice enough to be patient with me, I would NEVER dream of asking for the money back. Considering in the time you were holding it, you could have been selling it to someone else.

I had another person hold a snake (same time frame) and they didn't ask for a payment, but I respect people and I am going to pay him for his time anyways.

Its out of respect. So I think you should keep the money for your work caring for this animal while you waited on them.

Mariah

Originally Posted by Lucille

Shelly,

I think nonrefundable deposits mean just that, but every vendor can choose whether to enforce the disposition of the deposit on a case-by-case basis.
You posted that he claimed to have financial issues. Financial issues mean different things to different people, and perhaps if he were to share with you the nature of the issue it might help in your decision.

If it meant a late mortgage payment, he knew the mortgage payment was coming. But if, for example, his child had just been hospitalized and there were associated expenses, to me that is entirely different and perhaps deserving of a break.
And I hate to sound hard hearted, but for some claims I'd ask proof, it seems as if there are some people who will make up a dead or hospitalized relative at the drop of a hat to cover an attack of buyer remorse.

And I agree with this as well, it could be a different situation for everyone. But they still need to consider you, and the time you put up with them.

By the way, I communicated I was having issues and was unsure if I was going to be able to have the snakes before everything went down hill for me. If they are a bad communicator, or just didn't tell you, that's on them.