DHserps... good guy

[Joejr14]

For people to come on her and try to use some scare tactics as far as "Detectives" come on. First of all Im not going to apoligize to this Hank person in private or on this board. I will not give respect when it wasnt given. I had an obligation to this guy before he started running his mouth. Once he insulted me and outright disrespected me he ended the contract for himself. Then I have members on here telling me Im in the wrong. Im sorry I have more respect for myself than to let someone talk all kinds of s**t to me. Then go ahead and bend over and kiss thier a**. It seems that the accussed on this board never could possiblly be right. What am I being accused of ? Giving someone a deal, then personal issues come up and they do. So im not able to take the package to the Airport to ship, and the seller refuses to work out another date. Then insults meand thinks he can call back and apoligize and everything will be OK. Sorry not here with me its not happening. Im sorry for Hank too he got a nice deal then he blew it away with his mouth. As far as apoligizing to BOI members thats not happening at this time either. Actually im done with this thread this site. Sorry my views arent the same as you guys, it looks as if this is not the place for me. You guys can do what youd like say whatever about me Ill keepmy two cents to myself and you guys have a blessed holiday. I dont need to and refuse to deal with this stuff. Next time someone your buying from cant do something for a particular reason curse them out and insult them thats the professional thing to do.

I'm sorry but just because someone says something you do not like, does NOT mean that they have breached the contract. YOU breached the contract, and you need to own up to that and get the man his snakes.

Personally, if I was him, you'd be in court.

 

[Suncoast Herpetological]

I would be interested in hearing Hank's side of the story regarding the phone call with Daniel regarding the shipping problem. If that indeed did happen as Daniel stated, while it is not necessarily a good reason for cancelling a contract once money is in hand, I find it telling that it was conveniently left out of Hank's original post

 

[Joejr14]

Either Hank left it out, or it's being made up to make the seller's situation appear better----even though it doesnt.

I dont understand why people dont get that you cannot breach a contract.

 

[Lucille]

Joe, honey, we understand. This is all a delicate situation: the BOI truly works to its fullest extent when a door is left open, the situation is resolved, and, wiser and more experienced, we all benefit by what has transpired.

I think we should say what we believe to be the right approach (do that always, in life) and leave the door open so that the parties may resolve matters between themselves in a satisfactory manner. If that happens, we are all winners.

 

[MR_Jungle_Mist]

Torn on this one. I can certainly understand breaching a contract and that being against the 'rules' but if the phone calls went even half as bad as Seller says then I would think I'd have had the same problems. I would have hung up.

Put yourself in Seller's shoes. You are offering a deal on some snakes (high dollar). The deal goes through and it gets to shipping and the shipping terms. At that point Buyer starts calling you a *****ing Mother*** piece of ***** ******er because you will not ship out exactly on his terms and if you don't he'll drag YOUR name through the mud and make you life a living hell, etc etc. Be honest....you'd hang up.

I just find it odd that several people have had such good dealings with Seller before and now this ONE person bitches and suddenly everyone pounces on him. Could it just NOT be the fault of the Buyer and his temper?

Again I'll say that yes, there was a contract there and perhaps it should have been worked out a little better between the both of them but hold back the lynch mob, will you?

Buyer hasn't said anything more - could it be because Seller came on and told the story filling in the parts that were left out originally? I would think that's a definate *probably*.

Seller - I doubt it, but if you still have the snakes maybe it can be worked out again where you can get what you want (the sale) and buyer can get what he wants (snakes). If not, then perhaps we should let this one go to another forum and title it "At what point do you tell a customer you are not selling to him. When he gets aggressive? When he gets verbal? When he threatens your reputation?"

*ching* *ching* (my two cents falling in the jar)

 

[deicide]

Either Hank left it out, or it's being made up to make the seller's situation appear better----even though it doesnt.

I dont understand why people dont get that you cannot breach a contract.

Actually in this instance the seller is not in the wrong.
About 3 months ago I made a deal with a couple for 2 of my Rottie pupppies.
I was paid the full amount of the sale in advance.
When the day came when they were to pick up the animals they called me
and asked if I could hold the puppies for another 2 weeks. I responded
that I could not as I had already made plans for that kennel space.
At this I was hit with a barrage of profanities that would make a sailor
blush. I decided I would not be selling these people any of my puppies
due to this and refunded the total of the purchase amount to them.
About 4 days later I got a call from a lawyer stating breech of contract.
After turning this over to my lawyer I made the following statement.
"I did not feel comfortable putting an animal in these peoples care
due the tempers I was witness to, and I was very concerned for the welfare
of any animal that they may have in there possession"

When dealing with live animals you have the right not to send an
animal into what could be considered a hostile enviroment. If
the buyer did indeed lose his temper on the phone then the seller
has every right to refund the total purchase amount.

By the way my case never even made it to court as the buyers lawyer
refused to take the case as he felt there was no way they could win.

Just another outlook frome someone who has recent experience in such a case.

-Rory Rygiewicz

 

[reptilebreeder]

Actually in this instance the seller is not in the wrong.

-Rory Rygiewicz

I don't think it is the same thing. For one thing, I could see how a person's demeanor could be relevant when it comes to Rotts, if the buyer is really an a__hole, and a jerk you might be able to assume the person is going to give that personality to the dogs (ie. make gangbanger attack dogs or something). Not gonna happen with a snake. Secondly as I mentioned, it is he said/he said. They both say the other was a jerk, the OP also states the seller mentioned someone else was interested, and all of a sudden they are sold to the other person. So I don't see how you can make such a factual statement.

Course, some people believe the OP was rude, I still don't think (IMHO) that warrants breaking the contract. If I gave someone $4000 of my cold hard cash, I would expect them to make a little effort to get the thing to the airport. I've had respectable breeder's send me $40 cornsnakes the same day I sent payment, and I would expect a lot more effort in this instance given the dollar amount. I've personally gone to a different state to pick up my animals in person when it comes to higher purchase prices.
But, I again stress that is just my opinion

 

[Ken Harbart]

Gotta side with the seller on this one, if the buyer was indeed abusive and profane. I could care less if it was a $10 cornsnake or a $15K ball python, acting like an ass is going to be a deal killer even if you've already sent money.

In an instance such as that, the best thing to do is just issue a refund and be done with the person. If they're that much of a problem customer before the sale, they're generally even more of a problem afterwards.

 

[Ken Harbart]

I may as well clarify that this is just my opinion after reading the past couple of posts and not the entire thread.

 

[Greg Riso]

Ken, I have to agree with you as well because I've had dealings with certain individuals that in hindsight I'd wished I'd never shipped to. I knew they were a problem half way through the deal but thought going through with things as planned made the most sense. If the buyer in this thread conveniently left out talking trash in his phone conversation then that's altogether another story. It seems by the way he's posted "alert" notices everywhere this may be the case since he's owning up to making Daniel's life difficult to say the least. If Daniel's side of the story is really the case then I owe him an apology. Unless there's something in writing, however, we may never know the truth. Regardless, one's response to a given situation speaks loudly of their character IMHO. I guess the people that posted positive comments here regarding Daniel are jerks too since they're active participants in the BOI process, huh?

 

[evers310]

They both say the other was a jerk, the OP also states the seller mentioned someone else was interested, and all of a sudden they are sold to the other person. So I don't see how you can make such a factual statement.

Reptilebreeder,

I am the original poster, not critters4all. I started this thread to report my experience with Daniel. I had a wonderful transaction with him, I bought a pair of hypos from him, he held the boas for me until I was able to send him the money then he shipped the snakes to me immediatly upon payment.

Critters4all decided he was going to jump into everybodies thread to badmouth Daniel. He should have started his own thread, not hijacked mine.

 

[critters4all]

Responding to my peers

Ladies and gentlemen,

I can honestly say that any conversation that I had with Daniel was calm
on my part. I never raised my voice nor did I use any profanity. He was
in posession of $4,085. dollars of mine and I was not about to risk losing
the deal or my hard earned cash. I have proof positive that the deal
went exactly as I posted. He did not refund my money until the day
before this conversation on the phone. He was aware that I was away
from my computer and would not be able to see the money was refunded
the day prior to the shipping date.

I was simply calling him to confirm info on the flight number and time
when he told me the deal was off because of this "partner".

I never threatened him with dragging his name through the mud as he
said I simply wanted to inform potential buyers of my bad experience with him
that is why I posted my complaint in several areas.

$4085. is a lot of money to trust to someone you don't know. But,
I not only trusted him with the money but with being honorable and
expecting for the deal to be done.

His subsequent e-mails were nasty and childish asking if I was mad
and crying over this. E-mail me for the fowarded e-mail Daniel sent to me. Make you wonder about his professional behavior and his story.

Thank you everyone for your input and suggestions in this matter.
Unfortunately, I cannot see this being resolved without legal action.

 

[MR_Jungle_Mist]

Unfortunately, I cannot see this being resolved without legal action.

Ok, maybe I missed something entirely here.....but now you are talking legal action? Are you serious, or just blowing smoke?

You know, this is one of the most ridiculous things I ever hear and you have to admit it gets brought up a lot. "I'm gonna sue you!" "You'll be hearing from my attorney!"

Get over it! It's a deal gone bad. I am sorry that you didn't get the snakes you wanted, and I am sorry that you lost the deal even though a contract had been started with you purchasing the animals through ReptiBid. But for whatever reason you didn't get them and he didn't get your money. You are no better or worse off than you were before this all started. You have both your arms, both your legs, you still have the ability of speech and no one will know the difference when they pass you on the street. Give it up. Leave it at "I had a bad experience with this Seller". If you really feel frustrated get a hold of ReptiBid and tell them of the transaction and they'll take the right course of action. But "cannot see this being resolved without legal action"? Psychological damage, what??

Reputation is what matters. And you build reputation by what others think of you. The BOI has served it's purpose in this instance. Some came on to give kudos to a seller and then it was brought up that a bad experience has also come about with the same seller. Well, it's been educational, thanks! Now everyone can make up their mind as to whether they want to do business with EITHER of you. Rest assured, though, that if the same actions are repeated on either parts and it comes here we'll finally be able to side with believing one side more than the other.

Now, if you'll excuse me I'm going to go and drive around a little so I can see who to sue today. Christmas is coming up and I need to get a few more presents. Maybe I can slam on my brakes in front of a FedEx truck and sue for whiplash.....

What's my total....$.04? Can I run a tab?

 

[Ken Harbart]

Thank you everyone for your input and suggestions in this matter.
Unfortunately, I cannot see this being resolved without legal action.

Thing is, you have no valid legal claim.

 

[JJFOUTZ]

Thank you everyone for your input and suggestions in this matter.
Unfortunately, I cannot see this being resolved without legal action.

How did you think this matter would be resolved by coming here?

The snakes were gone and you received your money back. What was left to be resolved? I thought the origonal post by you was to report your bad experience with the seller, not resolve the issue.

 

[critters4all]

Perspective Buyer Concerns

I'm not sure that's entirely true. ReptiBids Buyer/Seller Agreement states that if you purchase items/reptiles this is a binding contract for both parties and you are obligated to pay for it as well as to ship it, just like any other auction. Now I'm not sure if different state laws can supersede ReptiBids agreement or if it is even worth pursuing but if the shoe was on the other foot and I refused to pay for the item after I did the BUY IT NOW feature, legal actions would definitely be taken against me. If what he did was legal then what's the sense of the Auction/Buy It Now if a seller can take your money then hold onto it until he/she gets a higher price for it, to bad you lost the item/reptile.

Some people feel that since the money was returned to me that I didn't lose out, but I did. I sold reptiles at a loss to make space/money for these Boas. I'm not as concerned about resolving my problem with him since I know that won't happen since he didn't even call me to let me know the Boas were shipped to someone else I had to call him to find out. I want future perspective buyers to be aware of the kind of business practices he uses.

 

[Lucille]

The Uniform Commercial Code governs sales of goods and is accepted by most all states. If seller gave you a promise, and you gave seller money, and he did not deliver on his promise, that very well may amount to a breach of contract.
This is true even though the parties are returned to their original positions. You mention that in preparation for the sale you took certain actions that caused you financial losses, too, and those are part of the damages that may be attributed.

All that being said, there have been all sorts of reptile world scams where the parties were not fortunate enough to get their money back. A legal fight could end up being more than it is worth, both in terms of expense and aggravation.

Only you can decide whether to just walk away from it now, or to pursue the matter. There have been some excellent posts on this matter, but the final decision is yours.

 

[David Bellis]

I honestly am confused about what your problem is Hank. The deal went bad and you got a refund. Did you contact Daniel before bidding and tell him you wanted the snakes shipped before a certain date? The rush to get the snakes was on your part, not his. You selling your animals for a low price (as you claim) is no one's fault but your own. A lot of sellers will hold animals for little or no fee if they've been paid in full. As soon as there was a problem you got a refund right away. And you jumped on the BOI and slammed Daniel over and over everywhere you could. Looks like ranting and temper tantrum just like Danieal describer your phone call.

Deal go well and deals go poorly. This deal went sour and the seller issued you a full refund. Get over it.

 

[Joejr14]

I honestly am confused about what your problem is Hank. The deal went bad and you got a refund. Did you contact Daniel before bidding and tell him you wanted the snakes shipped before a certain date? The rush to get the snakes was on your part, not his. You selling your animals for a low price (as you claim) is no one's fault but your own. A lot of sellers will hold animals for little or no fee if they've been paid in full. As soon as there was a problem you got a refund right away. And you jumped on the BOI and slammed Daniel over and over everywhere you could. Looks like ranting and temper tantrum just like Danieal describer your phone call.

Deal go well and deals go poorly. This deal went sour and the seller issued you a full refund. Get over it.

Fact remains, the seller still broke a contract and Hank lost out because he sold snakes at a loss to make room for that. Technically, he could recoop those losses.

 

[David Reid]

The big issue here is the money!

The money, as I read this thread, was sent in good faith to the seller. The seller had the money, and accepted the money as payment for the Boas. In my opinion, even if the person was a bit rude on the phone, you accepted the money, you send the boas, end of story. NOW, if the money had not been sent, or accepted, it would be a totally different story.

Dave