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Brendan Magee - FAILING to Complete His Contract

Now That Figures

Griz Thanks....

I have been waiting to see if Brendan would do the right thing as he has stated over and over he is a man of his word... and will make things right.

He still has not called nor emailed PLUS I have heard more stories from other people he owes as well - so this is not looking good.

I tried everything in my powers to not post here.. and that didnt work.

I hoped after I posted here something would happen and he would at least show his face and tell the BOI his side if he is under the impression my original post was incorrect.

As it stands by his silence I have to take that as Brendan leaving me with what I have.. so my next step is the attorney and I will contact them again today.


:hot: What A Man! Sign a contract you can not back up - then default on said contract - then instead of BEING A MAN and make it right or at least make contact you dodge your responsibilities and hide and make no attempt to contact me or at least post on the BOI to help your reputation.

This is here for all to read and I can only suggest you take notice how I have been treated as well as the others that I hope will post their stories here.

DO BUSINESS WITH BRENDAN MAGEE from BCI BY DESIGN .

AT YOUR OWN RISK

Thanks
Shawn Morelan
www.Southernboids.com
 
Shawn,
Wish you well, and unfortunately one of the first things any attorney will tell you is that you can't get blood out of a turnip, which may describe Brendan's current financial standing.
I agree with Kevin and others that while a private appeal to Tim was OK, posting any of those exchanges here is not what I would have done. Blood is always thicker than water, and I would make no assumptions that Tim in any way endorses the current situation Brendon has found himself in, just that he has chosen to not publicly ridicule his brother. You put Tim in a dilemma here, and his words and choices make perfect sense to me. He is in a position to influence/help his brother, but that "help" can take many faces, one being "brother, you have to fix this one yourself". To not maintain Tim's favor is a calculated risk on your part, and despite your intentions, bringing his name here curries disfavor. No argument that you are owed the money, a full $1900, or compensation that meets with your consent. The poorest reflection on Brendon IMO is his refusal to part with other snake assets to meet his obligation to you, and claim an eternal window in which to satisfy the debt. His legal obligation says otherwise.
 
I have to wonder why all these people who have had problems with Brendan are unwilling to come here and post ?? Is it the-Well if I don't say anything maybe he'll pay me-concern? Sure looks like no matter what you say or don't say this slime ball aint gonna pay.

If you've had trouble with this yahoo then post it as a warning to others!! Your silence just lets others walk into the same situation you find yourself in..Randy
 
Give him a break...

I think that at any time someone does a breeder loan, both parties are taking a risk. The fact that your snake was killed was very unfortunate, but you agreed to the breeding as well. The killing of your snake was an act of nature, not negligence on the other guy's part. I also wonder why the value of the female was not on the contract. What if it would have been the other way around and your male killed his female? My thinking is that neither of you anticipated that either one of the snakes would kill the other, but that only the value of the male was put in the contract in case he somehow killed your snake by neglecting it. However, a contract was signed and you said yourself that he agreed to make good on it. I don't think there was a time limit on the contract in which he had to pay you back or substitute an animal. I don't think most people have $2000 just lying around. Obviously he doesn’t have the money right now or an animal that he is willing to part with. Even if he has another animal that would make good on the contract, I believe the contract states that you both have to agree on the animal. It is a very unfortunate event, but I think you should have just been a little more patient and understanding and not come on here and posted all his e-mails and talked about how much money he owes other people. You are just looking for other things to try and discredit him. That really is not for you to post here. Those deals are between him and the people he owes maybe they don’t even have a problem that he has not paid them yet. I don’t think you should be making those assumptions. I’m not saying he shouldn’t pay you, but I would just cut him some slack.

Tracy
 
Jeff (or Tracy, why is their 2 different names used on your post?), don't think that for the past 7 months he has been more then patient with Brendan's situation? What about the fact that Brendan is completely IGNORING the situation now?
 
swampland reptiles said:
I think that at any time someone does a breeder loan, both parties are taking a risk. The fact that your snake was killed was very unfortunate, but you agreed to the breeding as well.
The killing of your snake was an act of nature, not negligence on the other guy's part. I also wonder why the value of the female was not on the contract. What if it would have been the other way around and your male killed his female? My thinking is that neither of you anticipated that either one of the snakes would kill the other, but that only the value of the male was put in the contract in case he somehow killed your snake by neglecting it. However, a contract was signed and you said yourself that he agreed to make good on it. I don't think there was a time limit on the contract in which he had to pay you back or substitute an animal. I don't think most people have $2000 just lying around. Obviously he doesn’t have the money right now or an animal that he is willing to part with. Even if he has another animal that would make good on the contract, I believe the contract states that you both have to agree on the animal. It is a very unfortunate event, but I think you should have just been a little more patient and understanding and not come on here and posted all his e-mails and talked about how much money he owes other people. You are just looking for other things to try and discredit him. That really is not for you to post here. Those deals are between him and the people he owes maybe they don’t even have a problem that he has not paid them yet. I don’t think you should be making those assumptions. I’m not saying he shouldn’t pay you, but I would just cut him some slack.
Tracy

I'm sorry, What do you mean cut him some slack? It has been seven months!
There were many options open to replace the animal. All of them seemed to be rejected. I mean really, Come on!
Tough, if he doesn't want to part with any animals. Sometimes, you have to make hard choices to do what's right. This is the very mentality that scares people away from breeder loans.
 
Get real Tracy or Jeff or ?? Send me 2 grand or your most expensive animal and I'll get them back to someday well maybe. I wonder if your that dumb or a friend of Brendan's? Because any reasonable human being wouldn't be siding with Brendan. Gee I guess if the snake had been hit by lightening you'd feel the same way about it? it is nature. Or is keeping them in the house in a cage nature??
They call this a breeding loan IE Loan, Just like any other loan, you default and well I hope I don't need to explain the rest to you.

Now I can't say much for the innuendo being passed around here about other deals with Brendan that may have or not gone bad. People should post PROOF or not mention it at all..Randy
 
Dennis Hultman said:
I'm sorry, What do you mean cut him some slack? It has been seven months!
There were many options open to replace the animal. All of them seemed to be rejected. I mean really, Come on!
Tough, if he doesn't want to part with any animals. Sometimes, you have to make hard choices to do what's right. This is the very mentality that scares people away from breeder loans.

Also, I agree with you that if anyone else is having issues with Brendan, they should be the ones bringing it here. Third party testimonies, I believe, are still not allowed. Someone has to put their name to it on BOI.
 
swampland reptiles said:
I think that at any time someone does a breeder loan, both parties are taking a risk. The fact that your snake was killed was very unfortunate, but you agreed to the breeding as well. The killing of your snake was an act of nature, not negligence on the other guy's part. I also wonder why the value of the female was not on the contract. What if it would have been the other way around and your male killed his female? My thinking is that neither of you anticipated that either one of the snakes would kill the other, but that only the value of the male was put in the contract in case he somehow killed your snake by neglecting it. However, a contract was signed and you said yourself that he agreed to make good on it. I don't think there was a time limit on the contract in which he had to pay you back or substitute an animal. I don't think most people have $2000 just lying around. Obviously he doesn’t have the money right now or an animal that he is willing to part with. Even if he has another animal that would make good on the contract, I believe the contract states that you both have to agree on the animal. It is a very unfortunate event, but I think you should have just been a little more patient and understanding and not come on here and posted all his e-mails and talked about how much money he owes other people. You are just looking for other things to try and discredit him. That really is not for you to post here. Those deals are between him and the people he owes maybe they don’t even have a problem that he has not paid them yet. I don’t think you should be making those assumptions. I’m not saying he shouldn’t pay you, but I would just cut him some slack.

Tracy

That has to be the most ingnorant comment I have seen in a long time! As Randy stated, this is a loan which implies that the animal would be coming back to Shawn PLUS interest. 7 months is more than enough to make good on a debt and for you to imply otherwise is nothing short of stupidity.

As for other deals etc gone bad, I agree. My alluding to these other deals is an effort to encourage those individuals to come forth. There is a lot of damming and PERTINENT information that is available and needs to be posted here. But, third party posts are not allowed hence the reason why I have not gone into ANY details pertaining to those deals. The board is aware that they are out there and now it is up to those individuals to bring the details here.

Griz
 
My Opinion

First of all I would not do a breeder loan especially if it is not a good friend of mine. After reading this, if I ever do a breeder loan, I would definitely put a clause that states if either animal kills the other, no one is responsible. Also, I am not a friend of Brenden’s. I don’t know him. I just happened to come on here yesterday and see this huge discussion. I just hate the way people are always bashing someone on these boards.

As far as him totally IGNORING the situation, I believe he sent an e-mail just over a week ago. The guy obviously doesn’t have the money, yet, and I don’t think harassing him or brining his brother into the situation is going to make him pay any sooner. After reading all of Shawn’s e-mails, I would say it was a little harassing. I think Brenden IS responsible because he signed the contract. But I don’t think harassing him is a way to solve it. $2000 is a lot of money to come up with if you don’t have it. Are you guys saying he should have had $2000 saved up in case his female killed the male? I’m sure neither party thought that would happen. 7 months may be a long time; however, any loan you make with a bank has terms. These terms define how long you have to pay for the loan, not my loan officer who thinks I should have been able to pay it off in less time. If Shawn wanted his $2000 immediately of being notified of his snake’s death, then I think he should have included that in the contract.

And it is just like you people to come on here and call me names such as stupid and ignorant and dumb; however, I am NONE of the above. The ONLY reason you say that this is the most ignorant comment you have seen in a long time is because people like me read these boards, but never take the time to post because we know you will just start calling us ugly names if we do not agree with you. And no matter how much you all can’t stand it I AM entitled to my own opinion.

Tracy
 
Jeff or Tracy .... aka Swampland

I can't call your first post one of the most ignorant I have ever seen, as that is quite an honor ! I don't think it even cracks the top 100, but I disagree with just about ever conclusion you have drawn though. One particular issue you raise has to do with the assignment of responsibility for the welfare of the animals during the breeding loan, and the remedy. It can be written many ways, but in almost every case the individual with possession assumes the bulk of the responsibility, and it is best put in writing, as it was here. It is not uncommon to see clauses that might require a necropsy upon death of the borrowed animal, and the determination of any pre-existing condition that may have contributed to the demise. There was no such clause here, nor was the cause of death contested as being anything other than something which, while unfortunate, was also within some measure controllable by the party in possession ... Brendan. If both parties agree to it, then any clause is possible. As you say, you would only do it with a friend, and this incident displays why others may be wise to avoid all but those with whom they have very high levels of confidence, based on prior experience, testimonials, etc., to include that the responsible party has the collateral stated, and less wishful thinking.
 
swampland reptiles said:
First of all I would not do a breeder loan especially if it is not a good friend of mine. After reading this, if I ever do a breeder loan, I would definitely put a clause that states if either animal kills the other, no one is responsible. Also, I am not a friend of Brenden’s. I don’t know him. I just happened to come on here yesterday and see this huge discussion. I just hate the way people are always bashing someone on these boards.

As far as him totally IGNORING the situation, I believe he sent an e-mail just over a week ago. The guy obviously doesn’t have the money, yet, and I don’t think harassing him or brining his brother into the situation is going to make him pay any sooner. After reading all of Shawn’s e-mails, I would say it was a little harassing. I think Brenden IS responsible because he signed the contract. But I don’t think harassing him is a way to solve it. $2000 is a lot of money to come up with if you don’t have it. Are you guys saying he should have had $2000 saved up in case his female killed the male? I’m sure neither party thought that would happen. 7 months may be a long time; however, any loan you make with a bank has terms. These terms define how long you have to pay for the loan, not my loan officer who thinks I should have been able to pay it off in less time. If Shawn wanted his $2000 immediately of being notified of his snake’s death, then I think he should have included that in the contract.

And it is just like you people to come on here and call me names such as stupid and ignorant and dumb; however, I am NONE of the above. The ONLY reason you say that this is the most ignorant comment you have seen in a long time is because people like me read these boards, but never take the time to post because we know you will just start calling us ugly names if we do not agree with you. And no matter how much you all can’t stand it I AM entitled to my own opinion.

Tracy

Tracy, I did not refer to you as stupid or ignorant. I stated that your comment was, which it is.

How can you ignore the fact that it has taken 7 months now and nothing has been received by Shawn? So, only Brendan gets to decide how long to take to pay it?

How about Brendan's comment that if Shawn goes public with this that he will never repay the debt? Does that sound like a good guy to you?

How about Brendan not returning phone calls or emails to Shawn? The last email received from Brendan was back in February, not last week like you stated. That email was from his brother Tim who basically told Shawn to look elsewhere for help.

Also, would you enter into a loan without having the ability to pay it back? Of course not, so Brendan should not have either. Not to mention the fact that Brendan has animals that he could sell that would IMMEDIATELY rectify this situation. He simply chooses to not do that. Don't ignore that fact!

It's a shame that there are people like you who believe that since a contract does not specify a timeframe that this allows one party to repay the debt over the course of years vs a reasonable amount of time. There will always be individuals who take advantage of situations simply because it fits their needs and that they can. Choosing to ignore a situation does not eliminate the problem.

Griz
 
My Opinion Again

Just to recap. I have ALWAYS said that I believe Brenden IS responsible because he did sign the contract regardless of how the animal died.

I am not ignoring the fact that 7 months have passed; however, I don’t think that neither you nor I has the right to decide what is “a reasonable amount of time”. Maybe you think 5 months maybe someone else thinks a year. No I don’t think that Brenden solely has the right to decide how long he has to pay. That is why I said it should have been stated in the contract. And NO just because it was not stated in the contract I still do not think that he solely has the right to decide how long. I think that they should have worked out those details during the first phone call. They could have worked out a payment plan as I believe he did send $100 in the beginning.

I’m not saying this guy is a good guy or a bad guy. I think his comment was a little extreme, but I take it to be out of frustration of him telling Shawn over and over to be patient.

And this is the e-mail he sent to him last week:

“At 02:01 AM 7/15/2006, you wrote:

hey Shawn , well as of today I no longer have a day job that…
… many thanks and again sorry.
Brendan”

ALL I am saying is this post is a little one-sided. I don’t know all the facts about either of these people and neither do you!

Tracy
 
Not as a means of debate with you Tracy:

But more to just look at this as a learning experience:
I am not ignoring the fact that 7 months have passed; however, I don’t think that neither you nor I has the right to decide what is “a reasonable amount of time”. Maybe you think 5 months maybe someone else thinks a year. No I don’t think that Brenden solely has the right to decide how long he has to pay. That is why I said it should have been stated in the contract. And NO just because it was not stated in the contract I still do not think that he solely has the right to decide how long. I think that they should have worked out those details during the first phone call. They could have worked out a payment plan as I believe he did send $100 in the beginning.

Were this to go to court, it is highly unlikely that the court would not hear it because a time limit was not defined. All contracts are assumed to have been agreed upon "in good faith", and based on all efforts made by Shaun to accomodate Brendan, there would be no "I had infinity" defense.

I highlighted your words "stated in the contract", and would suggest that no amount of additional clauses in the contract would have mattered. If Brendan were trustworthy, the contract would not have been necessary to begin with. If Shaun had six more passages to quote indicating where Brendan had violated the terms, he wouldn't have $.01 more at this point in time. I doubt that a single reader here thinks that a "must pay within 60 days of the demise of the animal" would have generated a day 59 response from Brendan that "the check is in the mail". Many people assume that once they have a contract, that they are protected, and that things will go according to contract. That is not the case obviously. Contracts are written for when things go wrong. In this case, the animal died. Consequently, it became evident that Brendan made promises that he cannot keep, and has shown little intention of working out a solution, as he has passed on multiple opportunities. Some would conclude that his word is not good at this point.
 
swampland reptiles said:
Just to recap. I have ALWAYS said that I believe Brenden IS responsible because he did sign the contract regardless of how the animal died.

I am not ignoring the fact that 7 months have passed; however, I don’t think that neither you nor I has the right to decide what is “a reasonable amount of time”. Maybe you think 5 months maybe someone else thinks a year. No I don’t think that Brenden solely has the right to decide how long he has to pay. That is why I said it should have been stated in the contract. And NO just because it was not stated in the contract I still do not think that he solely has the right to decide how long. I think that they should have worked out those details during the first phone call. They could have worked out a payment plan as I believe he did send $100 in the beginning.

I’m not saying this guy is a good guy or a bad guy. I think his comment was a little extreme, but I take it to be out of frustration of him telling Shawn over and over to be patient.

And this is the e-mail he sent to him last week:

“At 02:01 AM 7/15/2006, you wrote:

hey Shawn , well as of today I no longer have a day job that…
… many thanks and again sorry.
Brendan”

ALL I am saying is this post is a little one-sided. I don’t know all the facts about either of these people and neither do you!

Tracy

Tracy, if you will reread the correspondence between these two you will quickly see that Brendan REFUSES to outline a payment plan. He REFUSES to work out anything other than to tell Shawn that 7 months is not enough.

Once again, you overlook the fact that Brendan HAS the ability to make good on this payment. He simply refuses to do so. Convenient, huh?

$2000 is a drop in the bucket based upon the animals that Brendan owns and could easily sell to make this right. He has chosen to NOT do so and to simply string Shawn along.

Obviously, 7 months is NOT OK with Shawn nor any other poster on this board that has spoken up thus far. If Brendan refuses to work an arrangement out then Shawn's only recourse is to call the payment due, just like he has done here.

As for the post being one-sided, are you for real? Brendan knows about this post as does his brother. Brendan has refused to come onto this board to explain himself. That's his call and certainly not the fault of Shawn's. :bandhead0

Griz
 
Tracy or who ever you are when the MODS notice the different names on your post they are likely to delete them. So maybe you should get that taken care of?? Hard to take anyone seriously who can't decide what their name is.

Tracy or? said above"""
And it is just like you people to come on here and call me names such as stupid and ignorant and dumb; however, I am NONE of the above. The ONLY reason you say that this is the most ignorant comment you have seen in a long time is because people like me read these boards, but never take the time to post because we know you will just start calling us ugly names if we do not agree with you. And no matter how much you all can’t stand it I AM entitled to my own opinion."""""

Now we've all made a dumb comment here a time or two or-- yet you seem to not care that Brendan Owes two thousand dollars or an animal of equal value to Shawn. No what seems to bother you is that you think we are bashing poor wittle Brendan. Well gee if he would have told Shawn that his animal was killed when it happened.(he waited till a month had gone by) if he would have been a stand up guy and given Shawn the much less expensive animal he wanted ETC ETC ETC then this Thread wouldn't be here and then you wouldn't have to had come here to defend Brendan.

When someone comes here and makes comments such as yours that are well off the wall, then yeah you should expect to take some heat over what you seem to think and write here.
Randy
 
Anymore posts by Tracy using someone else's account will be deleted. Tracy, you need to register your own account and use your FULL NAME on the BOI.
 
lol

All I have to say is if anyone had owed me 2,000 and refused to make it right, belive me there would be some "knees broken" if this were the situation.

1. The dude could make right, and does not have the guts to do so obviously.

2. He signed a contract, but does not seem to care a bit, yet if it were the other way around it'd be a diffrent story.

3. he already owes alot of money to other people, and still screwed this guy over

and you wonder why some of us seem a little one sided.

O0O0O and this is also a good point that I did not see mentioned.

he lost his day job, which means that he has more free time, and yet he still does not come here and post his side of the story.

and 7 months is along time to wait, heck you could make over 2,000 in 3 months working at Mc Donalds.
 
To clear things up my wife is Tracy. However, we both agree with what she was posting.

First off, Shawn, we do believe that you should get your $2000, but I don’t think you are going to get it any quicker by coming on this board. If anything you hurt your chances of settling this situation. This will be the last post because we are spending way too much energy defending someone we don’t know. When it is all over with, you guys may be right. He may be a shady character, but what I have noticed about this board is it’s like a giant angry mob waiting for its next victim. Some of you people need to get a life, and stop feeding on the drama.

Jeff LeCompte
 
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