Morelans
New member
Southernboids is me – Shawn Morelan
BCI By Design is Brendan MaGee – Known for the Harlequin Boa
I am sorry this is so long but I had to include ALL details and this has been dragging on for over 7 months.
NOTE: Brendan contractual debt = $2000 however Brendan DID send a $100.00 check early on so the actual amount still owed is $1900.00.
This is accurate and the emails are there with headers including dates and time to help keep the timeline accurate. EMAILS ARE BOLD If any information is not there or left out it was unintentional but would not have changed the way this starts, progresses or ends.
The Deal - Southernboids was to ship a breed able male Harlequin male to BCI BY DESIGN to breed with his Harlequin female. We split outcome 50/50. Brendan pays to ship male and half litter back. This is all on a contract and signed – See Below
See the Contract here - I was not able to insert it here as I had hoped - Give it a second to load.
Unfortunately Brendan’s female killed the male I sent. This is unexpected and disappointing but something we took into account as loss of the animal is covered in the contract.
Brendan waits over a month to tell me what has happened. It is only after I email and leave messages at his home multiple times that I finally get a reply. Here is the email I finally get from Brendan:
From: "Brendan" <[email protected]>
To: <[email protected]>
Subject: Re: Message about: Male poss tripple het
Date: Wed, 1 Feb 2006 09:45:17 -0500
X-Mailer: Microsoft Outlook Express 6.00.2900.2180
hey shawn, yes i have admittedly been avoiding talking to you.(please forgive me) but not for the reasons you may have been thinking. i have bad news. my female killed your male. this happened the day before my call to you a month ago or so. she has also killed my only male albino. i put him in after she killed your male. my thought was to split a litter of harlequin het albinos with you. but neither male was able to get her to quit moving. the reason i didn't want to tell you is i know this means i owe you 2,000 and i don't have it. i resently had to sell my truck. so i could get rid of the payment to avoid filing bankruptcy. this in no way means that i'm not going to pay you. being a man of my word, it's just going to take sometime to get you repaid. i'm not sure how i'm going to do it yet. but i will pay you. i'm sending you some pics so you don't think i'm trying to put a fast one on you. thats not me.
again i apologize for everything.
i will call you later B
________________________________________________________________________
This was not the news I was hoping for- but not the end of the world.
As luck would have it Brendan was helping a mutual friend ship animals to me later that week. So I thought this would be a great time for Brendan to include a replacement animal and save him the cost of shipping since I was already paying shipping both ways, and it appears animals are easier to come by then cash, which I can also understand
________________________________________________________________________
So I sent this Email: 10:51am 2/1/06
Brendan... this is not good. I will need a few to think things over on this one. As for the money you also have the option of a like animal of equal or greater value. Seeing as your female appears to be a killer I am not sure that one would work. I do have a proven DH Ghost male here that has done his job I could use on her for Hypo Harleys if you think you may want to send her, but I would be scared after she has went through 2 males already.
Do you have any other animals there that we would be able to work this out on? I would really like to get this taken care of soon, especially since you will be helping XX ship this Saturday anyway. This would get you out of paying shipping as well since I am already paying XX to ship. You could put the animals in the same box if separated sufficiently so they dont hurt each other or smash each other.
Let me know what is going on.
Shawn
I sent this reply then waited to see what he thought. I got no reply or call so the next day I sent this email:
8:01am 2/2/06
Brendan...
I was going to call last night but I decided I would wait and see if you called or emailed. You did neither, so here I am.
Since you said cash is hard to come by lets see if we can work this out another way.
You have the option of a like animal that we both agree on. I am not sure what you have there as I only remember the patternless from last year. I know those will be out of the question but I do feel like we should be able to work this out before Saturday when you ship for XX.
***** NOTE THIS PARAGRAPH BELOW AS IT WILL COME BACK TO HAUNT ME LATER IN THIS THREAD****
Do you have any animals there you would like to replace the male with? Or if not does Tim? I was thinking that maybe if you didnt have any animals you wanted to part with you could do a stock option of sorts on your patternless. Meaning you get an animal from Tim to send to me and Tim has some interest in one of the Patternless you have there. I am just popping ideas as they come up.
Or that Female you have -but since she has killed 2 males already- I would have to think that over.
Either way I would like to resolve this as soon as possible. I am already paying for shipping BOTH ways on Saturday so this will also save you from having to pay shipping, which you would be paying originally with the Harlequin male.
I hate to even ask for any of your animals and I hate that it has come to this. I hope you understand I am only going by our contractual agreement that we both signed. I would prefer cash but if that is not available that only leaves other animals we both agree on. You do know that whatever I get from you would be available again in the future if you needed it.
Again Please contact me either by phone or email and let me know how we can work this out by Saturday. Delaying really will only add to the troubles as you will then also need to pay for shipping, make another trip to the airport etc.
As things stand now other than waiting a month to tell me we are on the same page and things are working out according to paperwork so there is nothing wrong other than bad luck with the male. There will be no bad guy posts etc as again the death of the male was not expected but it was covered on the contract. Now we just finish it up according to the contract and we are all good- again bad luck but both good guys which is the way things should be.
I do not blame you either as I know you had no intention or desire for this outcome. It is very unfortunate for both of us, and all we can do now is finish up the deal and move on.
Please call me or email me as today is Thursday and we are running short on time.
Thanks
Shawn Morelan
xxx-6368 home
xxx-0896 day
I waited a few hours and I noticed Brendan had posted an animal for sale on KS – so I knew he was around and online. I found this odd since Brendan told me the only animals he still had were either deformed, messed up in some way or breeders he did not want to part with, and of course the patternless.
I got anxious for a reply and called his home.
He answers the phone and we discuss. He states:
He does not have the cash at this time to send – Ok
He does not have any animals he wants to part with – Ok
The animal he posted for sale belongs to his brother so he can not send that one – OK
This does what for me? Not sure.. I try to ask and I was told again .. No Money and No Animals he wants to part with. I was trying to comprehend this in my head on how this has anything to do with me…. How was it he thought I had animals to spare? How is something I raised for three years to breed any less important then the animals he has raised to breed? What about the contract.. I was thinking I don’t want your animals I would prefer to have cash…BUT the alternative you signed is animals and I will live with that. I was not able to get this through my head and I was starting to get a little miffed on his excuses.
At this point I was feeling like we were getting nowhere so I stopped the conversation and asked if he would think it over and call me later that night. I expressed again that working this out sooner than later would be better and I understand the problems he is having but I assured him they are not unique problems as I also am short on cash and don’t have any animals I would want to send off. I would think MOST people feel this way.
I went home.. broke the news to my wife and we discussed options. I then waited for Brendan to call as he said he would.
No call again.
Friday Morning I am at work. 2/2/06. 7:30 am my cell rings. It is Brendan on a friends phone calling. He apologized for once again leaving me hanging and not calling. I accepted and we start talking.
I told him it is Friday and I would really like to work this out while we on the phone since he is hard to contact.
He again stated no money.. selling 4 wheelers or something.. still paying on this.. short on that.. had to sell a truck etc. I again told him I understand about money being tight and I would not want to put him farther in the hole, lets work with animals.
He repeated he has only a few breeders and none he wants to part with. Well.. I have heard this already. How can he be in no position to loose an animal yet he thinks I am?
Things start to get heated as the only reply I can get is “I will have to pay you .. sometime”. He then goes on to say he has no animals he will part with and he is NOT going to send me a breeder animal, as he wants to keep them!!!!!!.
He goes on to say there is no time limit on the contract so he will get it to me when he can. This was after telling me he owes Jeff Gray $2500 from last year as well as $9000 for four wheelers that were stolen etc. Lets see.. this puts me where?
How long should I have to wait when he has animals he can use for payment and signed a contract as such. I was also told to stop trying to bring his brother in this, as it was not his deal. This was because I said Brendan could get an animal from Tim and give Tim partial ownership in one of the animals he just could not bare to part with and pay off his contractual agreement.
There was also an animal I would have accepted as TOTAL payment that was for sale for $1100 on Kingsnake, which would have saved him $900 from his debt, but he declined that animal as well saying “that would be nice”.
*** I was trying to help Brendan pay off his debt without releasing any of his Patternless that we all know he has. I was trying to keep those in the Magee family that Coined Harlequins – I was in NO way attempting to extort animals from his brother Tim who has NO contractual agreement at all in this deal. *** This will continue to haunt me as the thread gets older.
This is when Brendan started saying:
I paid $500 for it originally TRUE – This was a week before they (Brendan and Tim MaGee) named them Harlequins- when I purchased originally they said it was a Pastel.
Brendan put a price on the animal and I bought it. HE PRICED IT, I accepted, transaction complete on HIS terms. Then a few weeks later.. Brendan and Tim announce to the world - these are NOT Pastels.. they are Harlequins!!!!
PLUS that was 3 long years ago that I have since been feeding and cleaning this animal to get ready for breeding., not to mention they changed the name to Harlequin.
He (Harlequin I sent) was NOT WORTH $2000 Brendan says! This is the most confusing part as Brendan SIGNED the agreement stating it WAS worth $2000. I did not leave it blank and add this in later.. he read it.. agreed.. and signed agreeing to the terms of cash or replacement animal if it came to that, and the value which is clearly stated as $2000. AS SEEN ABOVE IN THE CONTRACT.
You were going to sell this animal before we made the deal Brendan Says!!! Also TRUE – I didn’t have a female for him and the thought of him sitting idle was not sitting well. I posted him for sale and then Brendan and I started talking and came up with the Breeding loan. This does not however mean I have extra animals I can afford to let go of. PLUS had I sold him.. true I would still be out the animal.. but I would have BEEN PAID Vs. SHAFTED!
Brendan said there is no time limit on the contract and he would pay me with cash sometime. Again this was just after he stated he was already a year in debt to another for a breeding loan of $2500 to(XX Name Removed) and $9000 for four wheelers etc. and trying to keep his head above water to stay out of foreclosure. This is none of my business.. I don’t need to know this, as I just want this over.
To me this proves Brendan was in NO position to sign the contract from the start. HE should have never agreed, and never should have signed. I didn’t ask him for a credit report prior to the deal. I was under the impression he is a grown man and knows what he can and cannot handle and will act accordingly.
Our Call Ended when I got mad at his excuses and he hung up on me after I told him to find a solution we could work on or expect a call from my attorney.
So I wait again to see if Brendan can come up with something, I wait another 4 weeks which puts this entire deal at 14 weeks old. I never heard anything so I emailed a few times asking Hey.. are you still there? Hello? Will you reply please?
I still got nothing so I emailed his brother Tim and another friend of his to ask Brendan to please reply to my email so I would not be forced to post this on the BOI as I would prefer to work it out. I also told Tim how I had give Brendan the opportunity to get EVEN with a less valued animal I found for sale online. It was posted for $1100, but Brendan did not seem interested. It sounded like a better alternative than posting on the BOI I thought.
Tim Replied with:
At 03:50 PM 4/11/2006, you wrote:
First, I can understand your frustration,but I don't understand how an
animal INSERT BREEDER NAME HER had for sale,factors in as possible
payment?(maybe I missed something there?) I really think you both need
to discuss some sort of cash payment,because the value of animals is
heavily dependant on them either being bred,or resold,(either avenue
leaves much fluctuation that can often cause further debate.) I think
by allowing yourself to get all worked up,you may be setting the
course for failure. The thing I have learned about stirring sh*t is
that,even when you're in the right,you usually can't help,but get some
on ya! *lol*...I am involved in a breeding loan right now,with NO
CONTRACT,with someone I've never met even! I think anytime you do a
breeding loan where your animal travels to the other party,it's ALWAYS
a gamble! at least you have the benefit of knowing,and previously
dealing with the person you're involved with...If time is really a
factor,I would avoid going public at all,(this will just inflame the
situation.) I'm not just saying this because B's my brother,I am
speaking from past experience. I had a friend kill one of my snakes he
had on loan from me,(not killed by a cagemate like your
situation.)...I got impatient,it got ugly,and I think I ended up
getting one baby out of the deal...hardly reasonable payment for my
female!
________________________________________________________________________
In the meantime Brendan must have got word I was emailing Tim and he sent me a reply
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: breeding loan.
Date: Tue, 11 Apr 2006 18:02:12 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2180
if you keep pushing me you may never see another dime.
BUT if you will just be patient, i will make it more than worth you wait...
B
I thought maybe Tim would be in a position to help so after his reply I again replied thinking we were getting somewhere, I replied with:
To: "Tim Magee" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: One More
Tim, the deal was this.. B owes me 1900 still (he paid 100 on week 1) I told him we could call it even if he was able to somehow get that animal by buying trading whaterver.. and send it to me. So he would have saved 900 bucks and we would have been even.. and no more worries. He didnt even respond with anything other than "that would be nice".
You mentioned a time table of paying.. it was a good idea when you first sent it.. and I agreed.. I even asked him for this before... so if you and I are in agreement why is your brother skipping out on his responsibilities? If you think this is what he should do... maybe you should mention it as I am out of options. Other than posting it on the BOI and my attorney there are not many other options I have not tried.. I even told your brother to think of something he would be able to live with and he will not even do that.
If he was poor and had no animals I would be more patient.. but he has animals.. nice animals.. animals I can use.. animals I want.. and animals HE SIGNED OVER in the contract. So me being the only one out and him not caring is not acceptable... and you should know me well enough to know I WILL pay out more of my own money to make sure if I go down I am not alone. This is a contract he signed.. want to send you a copy?
Is there a number I can call you at? ________________________________________________________________________
Tim didn’t reply, but Brendan did call me. Same story as he will pay me when he can if he can, with the added statement of LEAVE EVERYONE else out of this.
________________________________________________________________________
I did email Tim to thank him:
To: "Tim Magee" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: One More
Thanks Tim... B called so I assume you contacted him. Anyway.. if you are interested I feel his pain, but can we look at this as a business deal as that what it boils down to.
He says he was in debt for another breeding loan gone bad for $2500 BEFORE he ever signed with me.
When things go bad with our deal he hides the fact for over a month before ever telling me. I eventually learned of this when he did email stating "it has been over a month since it happened, my female killed your male".
He has no cash to pay the debt. - According to B there is a line of people waiting to be repaid for one reason or another - one he says goes back over 2 years.
He has a few animals so that provides a way- yet he is not willing to let go of any to repay his debts. I really would prefer cash but will settle for an animal if needed.. there are many other options he has with his animals, even where he maintains control of the animal and could still benefit. Not something I should even have to work on for him.. as he should have already figured something out with or without having to use the animals.
When pressed for something of substance as a solution because while people are selling and breeding I am sitting here without, he again tells me.. "what does it matter.... you would have been out either way because you had the animal for sale before" Somehow the basic principal of business which seems to elude your brother is that had I sold him - I would have been paid. There would be a completed transaction. This is no where near where I am now, nor is it close to being the same. He seems to be using this as his crutch when in fact he has entered into a contract he can not back up, or chooses not to.
See this is where things get ugly because when he says that about " you had him for sale" etc... and I realize how much that has nothing to do with the deal at hand and that makes me think B assumes I am stupid and I say.. as I did before.. THIS has NOTHING to do with OUR deal..... and I get the same reply as I did the first time he used that excuse.. he hung up on me.
That did not help matters.
It appears we have a problem on business ethics here and no phone call will really patch it up as we just do not agree on how things should work.
I said I feel his pain.. I have more info on your brother then YOU should have about him.. as he has explained his bills and situations to me on two occasions. Man I understand it is tough.. when is it easy? I have three.. yea.. THREE mortgages... they do not care about my stories.. my drama or my excuses. They want to get paid... why.. because I signed a contract. This is really the root of the issue.. where your brother, already behind the eight ball, signed a paper potentially putting him further in debt, and he did not give any info on already being in debt before the deal, just when he can not finish it. I am doing my best to keep this a business transaction- but he is not following the rules. When I try to make nice.. which is seldom, but I have offered many things, even told him to tell me what he can do etc. it ends with that same statement about I had him for sale that blows everything apart.
We had a great litter last week.. 32 babies.. I would send you pictures.. but I knew I would be short on money to feed them, and I am a tad short this month anyway since our third home has not sold yet, so I had to make a decision. Call and explain to my mortgage broker that I am really tight and just dont have it for them this month, or do what has to be done. Well... I am not much on excuses so I did what had to be done. In my case I had to make a tough decision but the 32 babies from the pair I have been raising since birth to try and prove their genetics and FINALLY had babies.. had to go. I had them less than 72 hours and they were sold - to pay my bills. Ben Siegal - delivered 28 babies pre shed or eaten Friday April 7th at their home address- you can call and verify. Still got the tracking number too if you want it. I sold 3 locally so when I do get out of my jam .. IF they do hold something special .. I can buy one back if I want. I then kept 1 for myself. Sorry for the long drama but this is to try and help explain.. I am not interested in his stories of how he has debt older than mine, I had him for sale, he has bills.. OR he can not or will not part with animals to get out of the hole. Then in the same breath he says he is a business man and will pay his debts. Business ethics are not being carried out the same here on both sides. You decide which you would rather deal with. All personal feelings aside, he is wrong and was wrong to even get started in the deal. It was doomed from the start and I was the only one not aware of it.
This is my rant to you instead of the BOI - because when B hung up on me this was intended for the BOI and anywhere else I could find even if I had to pay to have it advertised. Glad I didnt and sent it to you first.
Everything above is verifiable by your brother. Do you still think I am the one being unreasonable here?
Shawn
________________________________________________________________________
Then I get another reply from Brendan – I thought this would be the final email as I was hoping we had worked something out via Tim, as well as I let him know I had not posted it on the BOI.
________________________________________________________________________
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: BOI - Last One I hope
Date: Sat, 15 Apr 2006 09:00:16 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2869
Hey Shawn, I'm glad to see you have taken a step back. I know it is frustrating being owed money. imagine how I feel owing that money. you are the only one who has taken yourself off of the pay back list (in your mind.) I have never said I would not pay you, not once.
One thing i can not and will not tolerate is the continuos involvment of other people. this is not between you, me, and XX. this is not between you me and Tim. this is not between you, me, and people on the fourm. i also hope you haven't been slandering my name via email because it will get back to me, and this will also have the opposite reaction you are looking for.
Like I told you on the phone the other day I was very close to writing you off and taking the hit on my reputation (although I don't want it that way.)
if you think you can push me in to paying you when you want. instead of when I have the means you are mistaken.
From this point on if anyone but me receives and email or a phone call on this subject all communications will stop and you will have no choice but to take your contract to court.
I'm not writing this to piss you off(although it probably will) only to get a few things off my chest as you have.
THIS WAS AN UNFORTUNATE SITUATION, I WILL MAKE IT RIGHT. AS I HAVE SAID ALL ALONG. B
________________________________________________________________________
As mad as I was and ready to post - I calmed down and thought it over, and against my better judgment did NOT post on the BOI nor continue with my attorney as Brendan said in his email as well as on the phone, “I am a man of my word, I will pay you, it will just take time”
Brendan and I agree that as long as he stays in contact with me via Email or Phone every few weeks, that I would be willing to wait. I say to stay in contact because I want to be assured I am not forgotten nor pushed off.
Brendan agrees, and I wait. Every few weeks he is emailing so we are good.
Then I get this:
________________________________________________________________________
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: Message about: Male poss tripple het
Date: Thu, 1 Jun 2006 18:24:52 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2869
off to the night job. I should be able to send some cash next week. hope you memorial weekend was a good one later Brendan ________________________________________________________________________
I am thinking, Ok.. he is keeping his word, he is keeping in contact, and about to send some money. We are on the right track. I was hoping this would be over soon.
No Money arrived, no call, no email.
Two weeks go by and Brendan calls me at the end of JUNE saying he has an animal from Jeff Gray that he will send to me if I agree and we call it even. No Mention of sending money. Brendan said Jeff was paying off a debt to HIM, which is how he got the animal. Odd since earlier Brendan said HE OWED Jeff $2500 for the past year, not the other way around. Made me somewhat suspicious and skeptical of the deal Brendan was offering.
Brendan sends a pic and it is a Salmon Possible Jungle Boa 66% Het Albino. I asked a two people who are very knowledgeable with Jungles and both agreed that this animal maybe a Jungle, but the odds are very slim to none at least in their own opinion. I have NO Jungle experience so I had to ask others, and make my decision.
I emailed Brendan with this reply
Brendan.. I just got back from dinner and I talked to Tracy about the trade. She reminded me how many times I have told myself I am only going visual or 100% het or I will stick with what we have produced and are raising so I know.
That is a good point, as I really have not had good luck with the Boa Odds. I really can not tell if that is a jungle or possible or what as I dont even have one to compare with. If I had more experience with them and felt more confident maybe, but just a possible really puts me in a bind especially with a baby and female. I do appreciate of course we have got this far... I dont now your deal with him, but if you have a choice of other animals I am still wide open -even as a baby if male- to trade. Im just not ready for the possible jungle though, sorry.
Shawn
Brendan would not reply.
I waited a few more days.. emailed a few times, Hello.. you still there? Brendan are you there? Brendan are you mad because I would not take that animal in trade? Are you there??
No reply, no phone call, nothing. I called and left a message on his phone a few days later, still nothing.
I finally get tired of his on-going game and email him stating I need something, anything in a reply to let me know what is going on as I am getting pretty miffed at him not replying just because he is mad that I didn’t take the first boa he found for a $2000.00 debt and call it even.
He reads the email then replies with no text, just a link to Pete Kahls page where Pete has yearling Possible Jungles for sale at $1500.00 each. Meaning the animal Brendan wanted to send me should be worth that.
He then emails stating I threw his offer in his face, I explained again my situation and told him I would be willing to go to a LOWER priced animal as long as it was 100% het or a visual. I found a nice Hypo Harley on line for $300!
I emailed Brendan July 13th
Brendan... here is the best offer you will ever get as far as discounts go, the only cheaper way is if I was to buy him myself!.... a $300 dollar animal - now that is a bargain.
Thin-saddled Harlequin-line male hypo
I would be more interested in a trade for this Harlequin - which is worth 5X less than the one you offered. Only difference is I agree on this animal and it is a visual- it is what it is so there is no guessing.
Here is the link: http://market.kingsnake.com/detail.php?cat=8&de=422972
Lets be honest.. this is a good deal and as cheap as I think any Harley can be found.
This is or can be our exit if you are open.
Please let me know.
Thanks
Shawn
____________________________________________________________
Branden Replies:
At 12:55 AM 7/12/2006, you wrote:
he sold that one. here are the links he sent me of some that are still left. let me know B
(links were here for other animals from same breeder.)________________________________________________________________________
I looked and I liked those animals but not as much as the original one that was sold so I continued to look for low priced animals I actually had a use for so I could help Brendan out. I found another nice Harley and sent him the link, only difference this one was $500 shipped where the first was just over $300. Either way a nice DISCOUNT when the balance was $1900.00 and I am offering to call it EVEN for $500.
I waited to get a reply on the new Harley I found.. even contacted the dealer to get some information on the animal.
No Reply so I emailed again:
________________________________________________________________________
Date: Thu, 13 Jul 2006 21:52:15 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: Message about: Male poss tripple het
Hey.. I can not ( understand, accidentally left this word out of original email) the situation up there so I have to ask.. what did you think of the one XX had? Too bad XX sold that one.. it was nice.
Shawn
________________________________________________________________________
Days go by, no email so I emailed the dealer to see if Brendan has contacted him and maybe he was working on it. Dealer replied… NO WORD from Brendan period.
I emailed Tim again and told him I thought Brendan and I were getting somewhere however he had once again stopped responding. I told Tim that Brendan was working on a few deals but I have not heard back.. I assume he is still working on it as he has not replied to any of my emails. I then asked Tim if he could confirm or deny this for me as NO REPLY makes me think Brendan has given up, but my gut feels maybe he has just not had a chance in 4 days to reply since he was attempting to work it out, or so I thought.
A few more days and now it is the weekend and I get an email from Brendan. ________________________________________________________________________
At 02:01 AM 7/15/2006, you wrote:
hey Shawn , well as of today I no longer have a day job that leaves me with only a part time night job and I was struggling to pay my bills with two. it has been a very bad two years for me. no babies this year.only one litter of nine last year. in which 6 out of the 9 died.
it was an unfortunate situation my female killing your normal harlequin male. for this I'm truly sorry.
also unfortunate is the financial situation we both find ourselves in. but the death of your male didn't cause either.
so I feel you have two choices take the salmon poss. jungle 66% het albino I offered you already as payment in full or post the BOI letter you have been threatening me with for the last seven months.
We had a verbal contract in which you would no longer involve others in this situation as you did in the beginning. You broke this contract. so it is your time to choose one or the other.
many thanks and again sorry.
Brendan
I reply:
Date: Sat, 15 Jul 2006 07:30:39 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: Wow Look at this Harley!!!
Ahh so now you think you understand what a contract is. Amazing how you comprehend things when it appears to help you. I contacted your brother because you were being a child and pouting and I am in no mood to play childish games from a man who signed a contract he has no means to back up.
The fact you lost your job may have helped me wait a little longer. Your use of a contract when it suites you brings me back to you constantly trying to weasel out of your original contract and disputing the value after you sign it. I will think this over and decide.... However this is the deal I WILL Make as you OWE me - not the other way around so you do not get to call the shots on this one. Meaning I am not forced to take an animal I do not agree on and If I do post on the BOI I will still be expecting payment, so do not think if you see it posted you will be OUT of debt from my side.
I can tell you one thing.. you are a character that is for sure. I will scan in our contract to my BOI letter today so everyone can see your signature and what you have been writing about how you will not honor that price etc. and let them decide, IF I post.
I am not against waiting when you have no means to pay it back.. it is your attitude that is really pissing me off and the way you think I am trying to pull one over on you and I am sick of BEGGING you to BE A MAN as you say and take care of business.
So if you are sticking to what you said.. I either post on the BOI or take that animal then we will have additional problems.
Good time to finally screw.. just in time for Daytona. Interesting.
Shawn
_______________________________________________
Same Day - after I calm down I write Another email as I still have no reply from the others but I was feeling bad since he lost his job an I felt like I WAS THE BAD GUY for trying to get him to complete this deal.
____________________________________________________________
Date: Sat, 15 Jul 2006 07:58:39 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: BRENDAN - READ LAST PLEASE
Hey... I just thought of something. I am in no way trying to take money from you or your family as they come first contract or not, This I understand. I applaud you for taking on two jobs to support them. I am not saying I have to be paid TODAY or else.. again it is your attitude that is forcing me to threaten the BOI letter etc.
What I dont understand is if you need money and that animal you have is worth 1500 why not post it for sale, get me off your back with a 500 dollar animal and KEEP the other GRAND for you and your family?? Hell keep it ALL for now and we can get even later as your situation has changed, but dont try to force that animal on me as payment when I am not comfortable with it, dont try to back out of the price that was signed. I have been working with you to get the price down so when you mention "He was not worth it" it blows my mind and makes me think you are pushing me around. I dont want to air this entire 7 month process to everyone either.. it is ONLY the last step. I am trying to be reasonable here.
Also.. in my last email the "Additional Problems" only meant this problem will not go away if I am forced to post.. that was not a threat and I wanted to clear that up. I am just trying to say posting on the BOI is a big problem for both you and me, ESPECIALLY since I have posted not one but TWO BRENDAN GOOD GUYS on there from years ago. Neither of us have the time to go there daily and answer the questions or fight back and forth on what is what. It is exhausting and all I want is something to show for my loss... which is why I have been willing to work on 25% of what is owed.
Lets be honest.. you say he was not worth $2000, even after you signed it - BUT I was willing to take only 25% of what is owed, and still got grief for it. How will that make ME look like the bad guy? I would much rather work this out then air it out... just when you back me into a corner I dont have much to work with.
I am sorry about your job, and I hope something comes along soon. You may not believe it but I do wish you and your family the best, and I always have. However at the same time I can not afford to just be OUT and get nothing in return, but most of all it is the way this has been handled that is the worst.
Shawn
Now I am not getting any replies what so ever. I wait.. and wait.. and that is it.. TIMES UP. I can not do this any longer.
I email BOTH Brendan and Tim trying to explain that I will be forced to post, and that I was reluctant due to the fact one maybe associated with the other since they have the same last name, and both coined the Harlequin name together which was the animal I was having problems with.
Here is the email I sent:
Date: Mon, 17 Jul 2006 15:52:53 -0400
>To: [email protected],[email protected]
>From: Shawn Morelan <[email protected]>
>Subject: Last Request - July 17th 3:55 p.m.
I am emailing you due to the fact that this will ultimately have an
affect on you both as I have found most consider the "Magees" to
either be the same person or at the very least the same company,
which is why I thought you should both get this.
After much though, I have decided that it is no longer in my best
interest to continue to play the waiting game. I need closure on
this issue by July 21st. Per the contractual agreement, the
reimbursement can be in either cash or animal stock (only upon my
approval of said animal). I am not interested in a payment plan as
Brendan has proven himself to not be worthy of the trust that a
payment plan entails.
Should this deadline pass without adequate resolution, I will be
forced to take my issue to the BOI on Fauna Classifieds. As you are
well aware, especially with Daytona around the bend, breeders do not
need the negative publicity that a BOI thread entails. Included in
the BOI post will be a copy of all emails correspondence as well as
the signed contract. Regardless of Brendan's thoughts, such posting
does not release him from any such debt.
The balance owed is $1900 ($2000 - $100 check received 7 months
ago). If I do not hear back from you by this Friday, then on
Saturday July 22nd, I will be in contact with the BOI.
Shawn
________________________________________________________________________
I was hoping between the two of them they work this out and not force me to post this here on the BOI.
Tim is under the impression I am trying to extort animals from him to pay his brothers debt because I mentioned to Brendan to try and work something on the patternless and get me paid.
Remember the paragraph I said NOTE as it will come back to haunt me. I guess I can see Tims side as well but in all honesty that was not my plan. Unfortunately emails can read different than intended so my last email must have hit Tim wrong and that was not my intention.
I was trying to avoid posting Brendan Magee as a Bad Guy as I was afraid that would somehow, someway be associated with Tim as well. In fact I do not, nor would not, take an animal from Tim as Brendan’s payment - I want Brendan to OWN the animal he pays me with either outright or partial by trading with Tim.. as it is no ones responsibility but Brendan’s.
Here is the last reply I got after emailing both, Tim replied, Brendan nothing.
Tim Replies with this:
____________________________________________________________
Date: Mon, 17 Jul 2006 16:14:43 -0400
From: "Tim Magee" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: Last Request - July 17th 3:55 p.m.
X-Antivirus: AVG for E-mail 7.1.394 [268.10.1/389]
Shawn,despite what ANYONE else thinks,Brendan & I are TWO different
people. I thought I might clairify that for you in case english is not
your primary language. If you see my name on any type of contract that
also has your name on it,please let me know,and I will pay to have
your eyes checked. I have indicated to you in your previous thinnly
veiled attempts to blackmail me into giving you an animal to cover
Brendan's debt,that I do not consider myself liable for any
contractual agreement between you & my brother. If I had ANY respect
for you at all,I might have considered it,on Brendan's absolute worst
day,he is twice the man you could ever hope to grow up to be.his
biggest mistake was getting involved with you on ANY level.that being
said,I am going to block you from sending me anymore of your
ridiculous threatening emails,if that doesn't get through to you,I
will report any further harassment directed towards me to your
internet service provider...comprende'?
And this is where I am… …..
I did say I would wait until Saturday the 21st to post but again I am hit with Brendans Silence and I have to wait for him to reply when he feels like it. I can no longer do this. I am done. Tims response and Brendans lack of response tell me all I need to know, now it is time for everyone else to know what I have been dealing with for 7 months.
I do not want a long drawn out battle - I just want this resolved which is all I have ever asked for.
Thanks
Shawn Morelan
www.Southernboids.com
BCI By Design is Brendan MaGee – Known for the Harlequin Boa
I am sorry this is so long but I had to include ALL details and this has been dragging on for over 7 months.
NOTE: Brendan contractual debt = $2000 however Brendan DID send a $100.00 check early on so the actual amount still owed is $1900.00.
This is accurate and the emails are there with headers including dates and time to help keep the timeline accurate. EMAILS ARE BOLD If any information is not there or left out it was unintentional but would not have changed the way this starts, progresses or ends.
The Deal - Southernboids was to ship a breed able male Harlequin male to BCI BY DESIGN to breed with his Harlequin female. We split outcome 50/50. Brendan pays to ship male and half litter back. This is all on a contract and signed – See Below
See the Contract here - I was not able to insert it here as I had hoped - Give it a second to load.
Unfortunately Brendan’s female killed the male I sent. This is unexpected and disappointing but something we took into account as loss of the animal is covered in the contract.
Brendan waits over a month to tell me what has happened. It is only after I email and leave messages at his home multiple times that I finally get a reply. Here is the email I finally get from Brendan:
From: "Brendan" <[email protected]>
To: <[email protected]>
Subject: Re: Message about: Male poss tripple het
Date: Wed, 1 Feb 2006 09:45:17 -0500
X-Mailer: Microsoft Outlook Express 6.00.2900.2180
hey shawn, yes i have admittedly been avoiding talking to you.(please forgive me) but not for the reasons you may have been thinking. i have bad news. my female killed your male. this happened the day before my call to you a month ago or so. she has also killed my only male albino. i put him in after she killed your male. my thought was to split a litter of harlequin het albinos with you. but neither male was able to get her to quit moving. the reason i didn't want to tell you is i know this means i owe you 2,000 and i don't have it. i resently had to sell my truck. so i could get rid of the payment to avoid filing bankruptcy. this in no way means that i'm not going to pay you. being a man of my word, it's just going to take sometime to get you repaid. i'm not sure how i'm going to do it yet. but i will pay you. i'm sending you some pics so you don't think i'm trying to put a fast one on you. thats not me.
again i apologize for everything.
i will call you later B
________________________________________________________________________
This was not the news I was hoping for- but not the end of the world.
As luck would have it Brendan was helping a mutual friend ship animals to me later that week. So I thought this would be a great time for Brendan to include a replacement animal and save him the cost of shipping since I was already paying shipping both ways, and it appears animals are easier to come by then cash, which I can also understand
________________________________________________________________________
So I sent this Email: 10:51am 2/1/06
Brendan... this is not good. I will need a few to think things over on this one. As for the money you also have the option of a like animal of equal or greater value. Seeing as your female appears to be a killer I am not sure that one would work. I do have a proven DH Ghost male here that has done his job I could use on her for Hypo Harleys if you think you may want to send her, but I would be scared after she has went through 2 males already.
Do you have any other animals there that we would be able to work this out on? I would really like to get this taken care of soon, especially since you will be helping XX ship this Saturday anyway. This would get you out of paying shipping as well since I am already paying XX to ship. You could put the animals in the same box if separated sufficiently so they dont hurt each other or smash each other.
Let me know what is going on.
Shawn
I sent this reply then waited to see what he thought. I got no reply or call so the next day I sent this email:
8:01am 2/2/06
Brendan...
I was going to call last night but I decided I would wait and see if you called or emailed. You did neither, so here I am.
Since you said cash is hard to come by lets see if we can work this out another way.
You have the option of a like animal that we both agree on. I am not sure what you have there as I only remember the patternless from last year. I know those will be out of the question but I do feel like we should be able to work this out before Saturday when you ship for XX.
***** NOTE THIS PARAGRAPH BELOW AS IT WILL COME BACK TO HAUNT ME LATER IN THIS THREAD****
Do you have any animals there you would like to replace the male with? Or if not does Tim? I was thinking that maybe if you didnt have any animals you wanted to part with you could do a stock option of sorts on your patternless. Meaning you get an animal from Tim to send to me and Tim has some interest in one of the Patternless you have there. I am just popping ideas as they come up.
Or that Female you have -but since she has killed 2 males already- I would have to think that over.
Either way I would like to resolve this as soon as possible. I am already paying for shipping BOTH ways on Saturday so this will also save you from having to pay shipping, which you would be paying originally with the Harlequin male.
I hate to even ask for any of your animals and I hate that it has come to this. I hope you understand I am only going by our contractual agreement that we both signed. I would prefer cash but if that is not available that only leaves other animals we both agree on. You do know that whatever I get from you would be available again in the future if you needed it.
Again Please contact me either by phone or email and let me know how we can work this out by Saturday. Delaying really will only add to the troubles as you will then also need to pay for shipping, make another trip to the airport etc.
As things stand now other than waiting a month to tell me we are on the same page and things are working out according to paperwork so there is nothing wrong other than bad luck with the male. There will be no bad guy posts etc as again the death of the male was not expected but it was covered on the contract. Now we just finish it up according to the contract and we are all good- again bad luck but both good guys which is the way things should be.
I do not blame you either as I know you had no intention or desire for this outcome. It is very unfortunate for both of us, and all we can do now is finish up the deal and move on.
Please call me or email me as today is Thursday and we are running short on time.
Thanks
Shawn Morelan
xxx-6368 home
xxx-0896 day
I waited a few hours and I noticed Brendan had posted an animal for sale on KS – so I knew he was around and online. I found this odd since Brendan told me the only animals he still had were either deformed, messed up in some way or breeders he did not want to part with, and of course the patternless.
I got anxious for a reply and called his home.
He answers the phone and we discuss. He states:
He does not have the cash at this time to send – Ok
He does not have any animals he wants to part with – Ok
The animal he posted for sale belongs to his brother so he can not send that one – OK
This does what for me? Not sure.. I try to ask and I was told again .. No Money and No Animals he wants to part with. I was trying to comprehend this in my head on how this has anything to do with me…. How was it he thought I had animals to spare? How is something I raised for three years to breed any less important then the animals he has raised to breed? What about the contract.. I was thinking I don’t want your animals I would prefer to have cash…BUT the alternative you signed is animals and I will live with that. I was not able to get this through my head and I was starting to get a little miffed on his excuses.
At this point I was feeling like we were getting nowhere so I stopped the conversation and asked if he would think it over and call me later that night. I expressed again that working this out sooner than later would be better and I understand the problems he is having but I assured him they are not unique problems as I also am short on cash and don’t have any animals I would want to send off. I would think MOST people feel this way.
I went home.. broke the news to my wife and we discussed options. I then waited for Brendan to call as he said he would.
No call again.
Friday Morning I am at work. 2/2/06. 7:30 am my cell rings. It is Brendan on a friends phone calling. He apologized for once again leaving me hanging and not calling. I accepted and we start talking.
I told him it is Friday and I would really like to work this out while we on the phone since he is hard to contact.
He again stated no money.. selling 4 wheelers or something.. still paying on this.. short on that.. had to sell a truck etc. I again told him I understand about money being tight and I would not want to put him farther in the hole, lets work with animals.
He repeated he has only a few breeders and none he wants to part with. Well.. I have heard this already. How can he be in no position to loose an animal yet he thinks I am?
Things start to get heated as the only reply I can get is “I will have to pay you .. sometime”. He then goes on to say he has no animals he will part with and he is NOT going to send me a breeder animal, as he wants to keep them!!!!!!.
He goes on to say there is no time limit on the contract so he will get it to me when he can. This was after telling me he owes Jeff Gray $2500 from last year as well as $9000 for four wheelers that were stolen etc. Lets see.. this puts me where?
How long should I have to wait when he has animals he can use for payment and signed a contract as such. I was also told to stop trying to bring his brother in this, as it was not his deal. This was because I said Brendan could get an animal from Tim and give Tim partial ownership in one of the animals he just could not bare to part with and pay off his contractual agreement.
There was also an animal I would have accepted as TOTAL payment that was for sale for $1100 on Kingsnake, which would have saved him $900 from his debt, but he declined that animal as well saying “that would be nice”.
*** I was trying to help Brendan pay off his debt without releasing any of his Patternless that we all know he has. I was trying to keep those in the Magee family that Coined Harlequins – I was in NO way attempting to extort animals from his brother Tim who has NO contractual agreement at all in this deal. *** This will continue to haunt me as the thread gets older.
This is when Brendan started saying:
I paid $500 for it originally TRUE – This was a week before they (Brendan and Tim MaGee) named them Harlequins- when I purchased originally they said it was a Pastel.
Brendan put a price on the animal and I bought it. HE PRICED IT, I accepted, transaction complete on HIS terms. Then a few weeks later.. Brendan and Tim announce to the world - these are NOT Pastels.. they are Harlequins!!!!
PLUS that was 3 long years ago that I have since been feeding and cleaning this animal to get ready for breeding., not to mention they changed the name to Harlequin.
He (Harlequin I sent) was NOT WORTH $2000 Brendan says! This is the most confusing part as Brendan SIGNED the agreement stating it WAS worth $2000. I did not leave it blank and add this in later.. he read it.. agreed.. and signed agreeing to the terms of cash or replacement animal if it came to that, and the value which is clearly stated as $2000. AS SEEN ABOVE IN THE CONTRACT.
You were going to sell this animal before we made the deal Brendan Says!!! Also TRUE – I didn’t have a female for him and the thought of him sitting idle was not sitting well. I posted him for sale and then Brendan and I started talking and came up with the Breeding loan. This does not however mean I have extra animals I can afford to let go of. PLUS had I sold him.. true I would still be out the animal.. but I would have BEEN PAID Vs. SHAFTED!
Brendan said there is no time limit on the contract and he would pay me with cash sometime. Again this was just after he stated he was already a year in debt to another for a breeding loan of $2500 to(XX Name Removed) and $9000 for four wheelers etc. and trying to keep his head above water to stay out of foreclosure. This is none of my business.. I don’t need to know this, as I just want this over.
To me this proves Brendan was in NO position to sign the contract from the start. HE should have never agreed, and never should have signed. I didn’t ask him for a credit report prior to the deal. I was under the impression he is a grown man and knows what he can and cannot handle and will act accordingly.
Our Call Ended when I got mad at his excuses and he hung up on me after I told him to find a solution we could work on or expect a call from my attorney.
So I wait again to see if Brendan can come up with something, I wait another 4 weeks which puts this entire deal at 14 weeks old. I never heard anything so I emailed a few times asking Hey.. are you still there? Hello? Will you reply please?
I still got nothing so I emailed his brother Tim and another friend of his to ask Brendan to please reply to my email so I would not be forced to post this on the BOI as I would prefer to work it out. I also told Tim how I had give Brendan the opportunity to get EVEN with a less valued animal I found for sale online. It was posted for $1100, but Brendan did not seem interested. It sounded like a better alternative than posting on the BOI I thought.
Tim Replied with:
At 03:50 PM 4/11/2006, you wrote:
First, I can understand your frustration,but I don't understand how an
animal INSERT BREEDER NAME HER had for sale,factors in as possible
payment?(maybe I missed something there?) I really think you both need
to discuss some sort of cash payment,because the value of animals is
heavily dependant on them either being bred,or resold,(either avenue
leaves much fluctuation that can often cause further debate.) I think
by allowing yourself to get all worked up,you may be setting the
course for failure. The thing I have learned about stirring sh*t is
that,even when you're in the right,you usually can't help,but get some
on ya! *lol*...I am involved in a breeding loan right now,with NO
CONTRACT,with someone I've never met even! I think anytime you do a
breeding loan where your animal travels to the other party,it's ALWAYS
a gamble! at least you have the benefit of knowing,and previously
dealing with the person you're involved with...If time is really a
factor,I would avoid going public at all,(this will just inflame the
situation.) I'm not just saying this because B's my brother,I am
speaking from past experience. I had a friend kill one of my snakes he
had on loan from me,(not killed by a cagemate like your
situation.)...I got impatient,it got ugly,and I think I ended up
getting one baby out of the deal...hardly reasonable payment for my
female!
________________________________________________________________________
In the meantime Brendan must have got word I was emailing Tim and he sent me a reply
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: breeding loan.
Date: Tue, 11 Apr 2006 18:02:12 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2180
if you keep pushing me you may never see another dime.
BUT if you will just be patient, i will make it more than worth you wait...
B
I thought maybe Tim would be in a position to help so after his reply I again replied thinking we were getting somewhere, I replied with:
To: "Tim Magee" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: One More
Tim, the deal was this.. B owes me 1900 still (he paid 100 on week 1) I told him we could call it even if he was able to somehow get that animal by buying trading whaterver.. and send it to me. So he would have saved 900 bucks and we would have been even.. and no more worries. He didnt even respond with anything other than "that would be nice".
You mentioned a time table of paying.. it was a good idea when you first sent it.. and I agreed.. I even asked him for this before... so if you and I are in agreement why is your brother skipping out on his responsibilities? If you think this is what he should do... maybe you should mention it as I am out of options. Other than posting it on the BOI and my attorney there are not many other options I have not tried.. I even told your brother to think of something he would be able to live with and he will not even do that.
If he was poor and had no animals I would be more patient.. but he has animals.. nice animals.. animals I can use.. animals I want.. and animals HE SIGNED OVER in the contract. So me being the only one out and him not caring is not acceptable... and you should know me well enough to know I WILL pay out more of my own money to make sure if I go down I am not alone. This is a contract he signed.. want to send you a copy?
Is there a number I can call you at? ________________________________________________________________________
Tim didn’t reply, but Brendan did call me. Same story as he will pay me when he can if he can, with the added statement of LEAVE EVERYONE else out of this.
________________________________________________________________________
I did email Tim to thank him:
To: "Tim Magee" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: One More
Thanks Tim... B called so I assume you contacted him. Anyway.. if you are interested I feel his pain, but can we look at this as a business deal as that what it boils down to.
He says he was in debt for another breeding loan gone bad for $2500 BEFORE he ever signed with me.
When things go bad with our deal he hides the fact for over a month before ever telling me. I eventually learned of this when he did email stating "it has been over a month since it happened, my female killed your male".
He has no cash to pay the debt. - According to B there is a line of people waiting to be repaid for one reason or another - one he says goes back over 2 years.
He has a few animals so that provides a way- yet he is not willing to let go of any to repay his debts. I really would prefer cash but will settle for an animal if needed.. there are many other options he has with his animals, even where he maintains control of the animal and could still benefit. Not something I should even have to work on for him.. as he should have already figured something out with or without having to use the animals.
When pressed for something of substance as a solution because while people are selling and breeding I am sitting here without, he again tells me.. "what does it matter.... you would have been out either way because you had the animal for sale before" Somehow the basic principal of business which seems to elude your brother is that had I sold him - I would have been paid. There would be a completed transaction. This is no where near where I am now, nor is it close to being the same. He seems to be using this as his crutch when in fact he has entered into a contract he can not back up, or chooses not to.
See this is where things get ugly because when he says that about " you had him for sale" etc... and I realize how much that has nothing to do with the deal at hand and that makes me think B assumes I am stupid and I say.. as I did before.. THIS has NOTHING to do with OUR deal..... and I get the same reply as I did the first time he used that excuse.. he hung up on me.
That did not help matters.
It appears we have a problem on business ethics here and no phone call will really patch it up as we just do not agree on how things should work.
I said I feel his pain.. I have more info on your brother then YOU should have about him.. as he has explained his bills and situations to me on two occasions. Man I understand it is tough.. when is it easy? I have three.. yea.. THREE mortgages... they do not care about my stories.. my drama or my excuses. They want to get paid... why.. because I signed a contract. This is really the root of the issue.. where your brother, already behind the eight ball, signed a paper potentially putting him further in debt, and he did not give any info on already being in debt before the deal, just when he can not finish it. I am doing my best to keep this a business transaction- but he is not following the rules. When I try to make nice.. which is seldom, but I have offered many things, even told him to tell me what he can do etc. it ends with that same statement about I had him for sale that blows everything apart.
We had a great litter last week.. 32 babies.. I would send you pictures.. but I knew I would be short on money to feed them, and I am a tad short this month anyway since our third home has not sold yet, so I had to make a decision. Call and explain to my mortgage broker that I am really tight and just dont have it for them this month, or do what has to be done. Well... I am not much on excuses so I did what had to be done. In my case I had to make a tough decision but the 32 babies from the pair I have been raising since birth to try and prove their genetics and FINALLY had babies.. had to go. I had them less than 72 hours and they were sold - to pay my bills. Ben Siegal - delivered 28 babies pre shed or eaten Friday April 7th at their home address- you can call and verify. Still got the tracking number too if you want it. I sold 3 locally so when I do get out of my jam .. IF they do hold something special .. I can buy one back if I want. I then kept 1 for myself. Sorry for the long drama but this is to try and help explain.. I am not interested in his stories of how he has debt older than mine, I had him for sale, he has bills.. OR he can not or will not part with animals to get out of the hole. Then in the same breath he says he is a business man and will pay his debts. Business ethics are not being carried out the same here on both sides. You decide which you would rather deal with. All personal feelings aside, he is wrong and was wrong to even get started in the deal. It was doomed from the start and I was the only one not aware of it.
This is my rant to you instead of the BOI - because when B hung up on me this was intended for the BOI and anywhere else I could find even if I had to pay to have it advertised. Glad I didnt and sent it to you first.
Everything above is verifiable by your brother. Do you still think I am the one being unreasonable here?
Shawn
________________________________________________________________________
Then I get another reply from Brendan – I thought this would be the final email as I was hoping we had worked something out via Tim, as well as I let him know I had not posted it on the BOI.
________________________________________________________________________
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: BOI - Last One I hope
Date: Sat, 15 Apr 2006 09:00:16 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2869
Hey Shawn, I'm glad to see you have taken a step back. I know it is frustrating being owed money. imagine how I feel owing that money. you are the only one who has taken yourself off of the pay back list (in your mind.) I have never said I would not pay you, not once.
One thing i can not and will not tolerate is the continuos involvment of other people. this is not between you, me, and XX. this is not between you me and Tim. this is not between you, me, and people on the fourm. i also hope you haven't been slandering my name via email because it will get back to me, and this will also have the opposite reaction you are looking for.
Like I told you on the phone the other day I was very close to writing you off and taking the hit on my reputation (although I don't want it that way.)
if you think you can push me in to paying you when you want. instead of when I have the means you are mistaken.
From this point on if anyone but me receives and email or a phone call on this subject all communications will stop and you will have no choice but to take your contract to court.
I'm not writing this to piss you off(although it probably will) only to get a few things off my chest as you have.
THIS WAS AN UNFORTUNATE SITUATION, I WILL MAKE IT RIGHT. AS I HAVE SAID ALL ALONG. B
________________________________________________________________________
As mad as I was and ready to post - I calmed down and thought it over, and against my better judgment did NOT post on the BOI nor continue with my attorney as Brendan said in his email as well as on the phone, “I am a man of my word, I will pay you, it will just take time”
Brendan and I agree that as long as he stays in contact with me via Email or Phone every few weeks, that I would be willing to wait. I say to stay in contact because I want to be assured I am not forgotten nor pushed off.
Brendan agrees, and I wait. Every few weeks he is emailing so we are good.
Then I get this:
________________________________________________________________________
From: "Brendan" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: Message about: Male poss tripple het
Date: Thu, 1 Jun 2006 18:24:52 -0400
X-Mailer: Microsoft Outlook Express 6.00.2900.2869
off to the night job. I should be able to send some cash next week. hope you memorial weekend was a good one later Brendan ________________________________________________________________________
I am thinking, Ok.. he is keeping his word, he is keeping in contact, and about to send some money. We are on the right track. I was hoping this would be over soon.
No Money arrived, no call, no email.
Two weeks go by and Brendan calls me at the end of JUNE saying he has an animal from Jeff Gray that he will send to me if I agree and we call it even. No Mention of sending money. Brendan said Jeff was paying off a debt to HIM, which is how he got the animal. Odd since earlier Brendan said HE OWED Jeff $2500 for the past year, not the other way around. Made me somewhat suspicious and skeptical of the deal Brendan was offering.
Brendan sends a pic and it is a Salmon Possible Jungle Boa 66% Het Albino. I asked a two people who are very knowledgeable with Jungles and both agreed that this animal maybe a Jungle, but the odds are very slim to none at least in their own opinion. I have NO Jungle experience so I had to ask others, and make my decision.
I emailed Brendan with this reply
Brendan.. I just got back from dinner and I talked to Tracy about the trade. She reminded me how many times I have told myself I am only going visual or 100% het or I will stick with what we have produced and are raising so I know.
That is a good point, as I really have not had good luck with the Boa Odds. I really can not tell if that is a jungle or possible or what as I dont even have one to compare with. If I had more experience with them and felt more confident maybe, but just a possible really puts me in a bind especially with a baby and female. I do appreciate of course we have got this far... I dont now your deal with him, but if you have a choice of other animals I am still wide open -even as a baby if male- to trade. Im just not ready for the possible jungle though, sorry.
Shawn
Brendan would not reply.
I waited a few more days.. emailed a few times, Hello.. you still there? Brendan are you there? Brendan are you mad because I would not take that animal in trade? Are you there??
No reply, no phone call, nothing. I called and left a message on his phone a few days later, still nothing.
I finally get tired of his on-going game and email him stating I need something, anything in a reply to let me know what is going on as I am getting pretty miffed at him not replying just because he is mad that I didn’t take the first boa he found for a $2000.00 debt and call it even.
He reads the email then replies with no text, just a link to Pete Kahls page where Pete has yearling Possible Jungles for sale at $1500.00 each. Meaning the animal Brendan wanted to send me should be worth that.
He then emails stating I threw his offer in his face, I explained again my situation and told him I would be willing to go to a LOWER priced animal as long as it was 100% het or a visual. I found a nice Hypo Harley on line for $300!
I emailed Brendan July 13th
Brendan... here is the best offer you will ever get as far as discounts go, the only cheaper way is if I was to buy him myself!.... a $300 dollar animal - now that is a bargain.
Thin-saddled Harlequin-line male hypo
I would be more interested in a trade for this Harlequin - which is worth 5X less than the one you offered. Only difference is I agree on this animal and it is a visual- it is what it is so there is no guessing.
Here is the link: http://market.kingsnake.com/detail.php?cat=8&de=422972
Lets be honest.. this is a good deal and as cheap as I think any Harley can be found.
This is or can be our exit if you are open.
Please let me know.
Thanks
Shawn
____________________________________________________________
Branden Replies:
At 12:55 AM 7/12/2006, you wrote:
he sold that one. here are the links he sent me of some that are still left. let me know B
(links were here for other animals from same breeder.)________________________________________________________________________
I looked and I liked those animals but not as much as the original one that was sold so I continued to look for low priced animals I actually had a use for so I could help Brendan out. I found another nice Harley and sent him the link, only difference this one was $500 shipped where the first was just over $300. Either way a nice DISCOUNT when the balance was $1900.00 and I am offering to call it EVEN for $500.
I waited to get a reply on the new Harley I found.. even contacted the dealer to get some information on the animal.
No Reply so I emailed again:
________________________________________________________________________
Date: Thu, 13 Jul 2006 21:52:15 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: Message about: Male poss tripple het
Hey.. I can not ( understand, accidentally left this word out of original email) the situation up there so I have to ask.. what did you think of the one XX had? Too bad XX sold that one.. it was nice.
Shawn
________________________________________________________________________
Days go by, no email so I emailed the dealer to see if Brendan has contacted him and maybe he was working on it. Dealer replied… NO WORD from Brendan period.
I emailed Tim again and told him I thought Brendan and I were getting somewhere however he had once again stopped responding. I told Tim that Brendan was working on a few deals but I have not heard back.. I assume he is still working on it as he has not replied to any of my emails. I then asked Tim if he could confirm or deny this for me as NO REPLY makes me think Brendan has given up, but my gut feels maybe he has just not had a chance in 4 days to reply since he was attempting to work it out, or so I thought.
A few more days and now it is the weekend and I get an email from Brendan. ________________________________________________________________________
At 02:01 AM 7/15/2006, you wrote:
hey Shawn , well as of today I no longer have a day job that leaves me with only a part time night job and I was struggling to pay my bills with two. it has been a very bad two years for me. no babies this year.only one litter of nine last year. in which 6 out of the 9 died.
it was an unfortunate situation my female killing your normal harlequin male. for this I'm truly sorry.
also unfortunate is the financial situation we both find ourselves in. but the death of your male didn't cause either.
so I feel you have two choices take the salmon poss. jungle 66% het albino I offered you already as payment in full or post the BOI letter you have been threatening me with for the last seven months.
We had a verbal contract in which you would no longer involve others in this situation as you did in the beginning. You broke this contract. so it is your time to choose one or the other.
many thanks and again sorry.
Brendan
I reply:
Date: Sat, 15 Jul 2006 07:30:39 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: Re: Wow Look at this Harley!!!
Ahh so now you think you understand what a contract is. Amazing how you comprehend things when it appears to help you. I contacted your brother because you were being a child and pouting and I am in no mood to play childish games from a man who signed a contract he has no means to back up.
The fact you lost your job may have helped me wait a little longer. Your use of a contract when it suites you brings me back to you constantly trying to weasel out of your original contract and disputing the value after you sign it. I will think this over and decide.... However this is the deal I WILL Make as you OWE me - not the other way around so you do not get to call the shots on this one. Meaning I am not forced to take an animal I do not agree on and If I do post on the BOI I will still be expecting payment, so do not think if you see it posted you will be OUT of debt from my side.
I can tell you one thing.. you are a character that is for sure. I will scan in our contract to my BOI letter today so everyone can see your signature and what you have been writing about how you will not honor that price etc. and let them decide, IF I post.
I am not against waiting when you have no means to pay it back.. it is your attitude that is really pissing me off and the way you think I am trying to pull one over on you and I am sick of BEGGING you to BE A MAN as you say and take care of business.
So if you are sticking to what you said.. I either post on the BOI or take that animal then we will have additional problems.
Good time to finally screw.. just in time for Daytona. Interesting.
Shawn
_______________________________________________
Same Day - after I calm down I write Another email as I still have no reply from the others but I was feeling bad since he lost his job an I felt like I WAS THE BAD GUY for trying to get him to complete this deal.
____________________________________________________________
Date: Sat, 15 Jul 2006 07:58:39 -0400
To: "Brendan" <[email protected]>
From: Shawn Morelan <[email protected]>
Subject: BRENDAN - READ LAST PLEASE
Hey... I just thought of something. I am in no way trying to take money from you or your family as they come first contract or not, This I understand. I applaud you for taking on two jobs to support them. I am not saying I have to be paid TODAY or else.. again it is your attitude that is forcing me to threaten the BOI letter etc.
What I dont understand is if you need money and that animal you have is worth 1500 why not post it for sale, get me off your back with a 500 dollar animal and KEEP the other GRAND for you and your family?? Hell keep it ALL for now and we can get even later as your situation has changed, but dont try to force that animal on me as payment when I am not comfortable with it, dont try to back out of the price that was signed. I have been working with you to get the price down so when you mention "He was not worth it" it blows my mind and makes me think you are pushing me around. I dont want to air this entire 7 month process to everyone either.. it is ONLY the last step. I am trying to be reasonable here.
Also.. in my last email the "Additional Problems" only meant this problem will not go away if I am forced to post.. that was not a threat and I wanted to clear that up. I am just trying to say posting on the BOI is a big problem for both you and me, ESPECIALLY since I have posted not one but TWO BRENDAN GOOD GUYS on there from years ago. Neither of us have the time to go there daily and answer the questions or fight back and forth on what is what. It is exhausting and all I want is something to show for my loss... which is why I have been willing to work on 25% of what is owed.
Lets be honest.. you say he was not worth $2000, even after you signed it - BUT I was willing to take only 25% of what is owed, and still got grief for it. How will that make ME look like the bad guy? I would much rather work this out then air it out... just when you back me into a corner I dont have much to work with.
I am sorry about your job, and I hope something comes along soon. You may not believe it but I do wish you and your family the best, and I always have. However at the same time I can not afford to just be OUT and get nothing in return, but most of all it is the way this has been handled that is the worst.
Shawn
Now I am not getting any replies what so ever. I wait.. and wait.. and that is it.. TIMES UP. I can not do this any longer.
I email BOTH Brendan and Tim trying to explain that I will be forced to post, and that I was reluctant due to the fact one maybe associated with the other since they have the same last name, and both coined the Harlequin name together which was the animal I was having problems with.
Here is the email I sent:
Date: Mon, 17 Jul 2006 15:52:53 -0400
>To: [email protected],[email protected]
>From: Shawn Morelan <[email protected]>
>Subject: Last Request - July 17th 3:55 p.m.
I am emailing you due to the fact that this will ultimately have an
affect on you both as I have found most consider the "Magees" to
either be the same person or at the very least the same company,
which is why I thought you should both get this.
After much though, I have decided that it is no longer in my best
interest to continue to play the waiting game. I need closure on
this issue by July 21st. Per the contractual agreement, the
reimbursement can be in either cash or animal stock (only upon my
approval of said animal). I am not interested in a payment plan as
Brendan has proven himself to not be worthy of the trust that a
payment plan entails.
Should this deadline pass without adequate resolution, I will be
forced to take my issue to the BOI on Fauna Classifieds. As you are
well aware, especially with Daytona around the bend, breeders do not
need the negative publicity that a BOI thread entails. Included in
the BOI post will be a copy of all emails correspondence as well as
the signed contract. Regardless of Brendan's thoughts, such posting
does not release him from any such debt.
The balance owed is $1900 ($2000 - $100 check received 7 months
ago). If I do not hear back from you by this Friday, then on
Saturday July 22nd, I will be in contact with the BOI.
Shawn
________________________________________________________________________
I was hoping between the two of them they work this out and not force me to post this here on the BOI.
Tim is under the impression I am trying to extort animals from him to pay his brothers debt because I mentioned to Brendan to try and work something on the patternless and get me paid.
Remember the paragraph I said NOTE as it will come back to haunt me. I guess I can see Tims side as well but in all honesty that was not my plan. Unfortunately emails can read different than intended so my last email must have hit Tim wrong and that was not my intention.
I was trying to avoid posting Brendan Magee as a Bad Guy as I was afraid that would somehow, someway be associated with Tim as well. In fact I do not, nor would not, take an animal from Tim as Brendan’s payment - I want Brendan to OWN the animal he pays me with either outright or partial by trading with Tim.. as it is no ones responsibility but Brendan’s.
Here is the last reply I got after emailing both, Tim replied, Brendan nothing.
Tim Replies with this:
____________________________________________________________
Date: Mon, 17 Jul 2006 16:14:43 -0400
From: "Tim Magee" <[email protected]>
To: "Shawn Morelan" <[email protected]>
Subject: Re: Last Request - July 17th 3:55 p.m.
X-Antivirus: AVG for E-mail 7.1.394 [268.10.1/389]
Shawn,despite what ANYONE else thinks,Brendan & I are TWO different
people. I thought I might clairify that for you in case english is not
your primary language. If you see my name on any type of contract that
also has your name on it,please let me know,and I will pay to have
your eyes checked. I have indicated to you in your previous thinnly
veiled attempts to blackmail me into giving you an animal to cover
Brendan's debt,that I do not consider myself liable for any
contractual agreement between you & my brother. If I had ANY respect
for you at all,I might have considered it,on Brendan's absolute worst
day,he is twice the man you could ever hope to grow up to be.his
biggest mistake was getting involved with you on ANY level.that being
said,I am going to block you from sending me anymore of your
ridiculous threatening emails,if that doesn't get through to you,I
will report any further harassment directed towards me to your
internet service provider...comprende'?
And this is where I am… …..
I did say I would wait until Saturday the 21st to post but again I am hit with Brendans Silence and I have to wait for him to reply when he feels like it. I can no longer do this. I am done. Tims response and Brendans lack of response tell me all I need to know, now it is time for everyone else to know what I have been dealing with for 7 months.
I do not want a long drawn out battle - I just want this resolved which is all I have ever asked for.
Thanks
Shawn Morelan
www.Southernboids.com
NEW TWIST! I have had more than one email or phone call stating Brendan has a Hypo Harlequin Female out on loan and I have been asked if I new about it, or if it was ever offered as payment.