I don't have time to read this whole mess; so I may have missed something.
Buyer sends payment on the 17th.
The ad for said tortoise indicated that it was his brother's tortoise, who wants a quick "sell". The ad also stipulated gift or +3%. Further, it was stated that shipping would be that weekend (ad was placed on a Tuesday)
Oddly enough, Gastro3003 subsequently placed an ad for another of his brother's tortoises...rather than completing the existing transaction with this buyer.
There was a comment in that ad - by Cyclosaura - that he had paid for "this tortoise" and was sent a refund because it was not sent as a gift.
Gastro3003 stated that his payment had been on hold for 21 days...however there was no corresponding ad to match that time frame.
When contacted about selling for another person, he the explanation became that he and his partner were brothers.
So, my questions is, given that Gastro3003 and his brother are partners, and that "they" had had the tortoises for a few weeks, why did he not simply send the remaining tortoise to the OP of this thread, since he'd already been paid for it?
By the way Gastro3003 - why would you send the partial refund as a payment?
You do know that the gift or +% thing makes you a

, right?