Melvin Efres, selling as "Mel" on KS.com classifieds -- Bad Guy: Lied in Ad.

[jsrocket]

Why???? At least explain your responce. This is a forum for discussion, not to act like a child and not even explin yourself. That in itself is absurd.

As Jim posted earlier, wouldn't the seller be within his rights not to do anything? He only guaranteed live arrival....and indeed it arrived that way.
Would you Mr. Reid buy animal off the internet in which the seller told you that they do not guarantee anything other than live arrival?

Those are valid questions. Let's lay it out. The animal was clearly misrepresented, using "fuzzy photo" tactics. To say that the buyer should have been more careful is simply asinine.

 

[David Reid]

Thanks John, could not have said it any better!

He bought the snake based on the information he received from the seller, the local, and the fact that it was a female. If the snake is indeed a male, the seller never fulfilled their end of the deal. If you buy a car as a 68 Mustang, and it actually turns out to be an 86 Mustang, don't you think the person should get their money back? There is such a thing as an implied warranty...

Dave

 

[Suncoast Herpetological]

Yes, John...ethically I agree.
But if the seller believed it to be a female but never guaranteed it to be a female...
he is not liable. (My pops old me that, he is an Attorney) Just on good standards the seller should fix the situation. But because he did not guarantee it, he is not liable.
I believe peter stated that the person post the snake to be female ( a belief) but did not write 100% definitely female as you stated.

I'll raise you one retired Federal Judge as a father to your Dad the Attorney and respectfully state that your father is incorrect. A belief is qualified as such. A stated fact is something that is stated without qualification. If the animals was posted as a female with no qualifiers than it is a statement of fact on the part of the seller. If the seller is proven to be wrong he IS liable.

Think of it this way Mike. I sell you a car that I state to you is a 1999 Honda Accord and i am selling it in "as is" condition. You purchase the car. Afterwards,while transferring the title, I find out that the car is actually a 1997 model. The seller is guilty of misrepresentation and would have his ass handed to him in any small claims court regardless of the "as is" warranty even if he truly believed it to be a 1999.

Same exact principal.

 

[Suncoast Herpetological]

Damn david...that is spooky.

 

[magicmike325]

Interesting....
Nice raise, but did you ask the Fedral Judge or you assume for him? I will be back tomorrow....need to research some law books tonight.

 

[Suncoast Herpetological]

I actually bounced it off my Dad earlier today. The key point is how it was stated in the ad. If it had been stated as "I believe it to be a female", you would be correct. The seller would then have the choice of accepting that statement or requesting a guaranty as to gender. If it was stated as "It is a female". That is a statement of fact on the part of the seller and, as such, he has warrantied that information as correct.

The live arrival arrival guaranty is an "express" additional warranty that has nothing to do with the implied warranty on the information supplied on the animal.

 

[Lucille]

I actually bounced it off my Dad earlier today. The key point is how it was stated in the ad. If it had been stated as "I believe it to be a female", you would be correct. The seller would then have the choice of accepting that statement or requesting a guaranty as to gender. If it was stated as "It is a female". That is a statement of fact on the part of the seller and, as such, he has warrantied that information as correct.

.

Yes, exactly.

 

[East_Coast]

Another email to Melvin

Thanks Dennis. I just forwarded one more piece of correspondence to Melvin Eflece:

Date: Sat, 24 Mar 2007 05:19:23 -0700 (PDT)
From: "Peter S Jolles" <[email protected]> Add to Address Book Add Mobile Alert
Subject: Re: Message about: Biak Adult Male.Nice coloring!
To: [email protected]
Hey Mel you thieving scumbag ~

See page 11 of the thread you scum -

Quote:
Originally Posted by East_Coast

[email protected] wrote:
lol.....oh wow
Well I am out of the snake business, for real.....lol
But Peter be serious....if I wanted next week I will be john watson and go under chondrolover and
sell whatever I want or use any other name. You have done nothing...so whats the big deal?
I can ship and post under any name.... You think I am Melvin, I may not be. that may not be my last name. You really have not idea who I am, or who I could be next week. That's the nature of dealing in the internet....[/B]



Thanks for the warning on this character.

Mel, not buying it.


Quote:
[email protected]


Seller Reputation: (25) Verified Buyers
Account Status: Verified
Account Type: US Premier
Account Creation Date: Sep. 11, 2000
PayPal Member For: 6 years 6 months 12 days



Your address matches your signature on your user account here.

Also, I double checked your wife's name to make sure it came back to the same address. It does.

Fake users don't keep the same Papal address for 6 years.



Quote:
Mel & Ingrid
M.I. REPTILES
305-335-6770

[email protected]



Buyer Beware.

 

[Griz]

Interesting....
Nice raise, but did you ask the Fedral Judge or you assume for him? I will be back tomorrow....need to research some law books tonight.

Did YOU ask your father or did you ASSume it? Why in the world do you need to use "law books" in order to ascertain that which is common sense both in fact as well as principle. Did Judge Judy write something new that you're reading??

Griz

 

[Suncoast Herpetological]

Peter

Did you, by chance, save a copy of the original ad?

 

[East_Coast]

No

Peter

Did you, by chance, save a copy of the original ad?

John,

No I did not. Here is the advertisement ID # from Kingsnake.com:

http://market.kingsnake.com/detail.php?de=485466&cat=33

I wonder if ks.com keeps any kind of hard drive back up?
I wonder if they would give me the text of the ad --- or if they would be gutless and spineless like Paypal concerning this?

I will check. This will be interesting.

Will post once I get a response from Kingsnake.com.

HOWEVER --- Still doesn't matter. I don't hide behind this lawyer/ fast-talk/ semantic BULL and I don't let anyone else get away with it 'unchecked' either. He sold me a female and delivered a male.

I would be just as pissed if I bought a pair of yellow sneakers and was shipped a pair of red sneakers. Would not matter that they were the same model and same size. I paid for yellow sneakers.

- Peter Jolles

 

[East_Coast]

KS.com

John,

Reported entire incident to ks.com. Between you and Dennis i have figured out that if I can't get my money back - at least I can make it as difficult as possible for him to do this to anyone else.

Really aggravated at this guy. Would not matter if he sold me a box of toothpicks or an expensive snake --- he is scum and needed to be outed.

Will post outcome, if any, from ks.com. I did ask them for the original text of the ad.

TO MELVIN EFRECE: I know you are monitoring this thread. I haven't even started on you yet scumbag.

Send me my money and a UPS ticket to return your snake and you can save some face.

- Peter Jolles

 

[kmurphy]

Why in the world do you need to use "law books" in order to ascertain that which is common sense both in fact as well as principle.

Actually, why do you need to consult law books when your father's an attorney?

 

[kmurphy]

I believe it was obvious by my post above was not directed at Griz.

 

[Ed Clark]

Peter, the ONLY thing that I agree with you on, is that you were sold a snake that was sexed incorrectly and a refund to you is due. Good luck with that!

 

[East_Coast]

Hey Ed ---

?

What are you trying to say?

- Peter Jolles

 

[bsharrah]

Yes, John...ethically I agree.
But if the seller believed it to be a female but never guaranteed it to be a female...
he is not liable. (My pops old me that, he is an Attorney) Just on good standards the seller should fix the situation. But because he did not guarantee it, he is not liable.
I believe peter stated that the person post the snake to be female ( a belief) but did not write 100% definitely female as you stated.

Not to continue harping on this, but I would also like to point out that an attorney is not qualified to determine liability. All they can do is argue the case for the client and let the court decide. Your pops can have an opinion, and as an attorney, it would be an educated opinion, but still just an opinion. You are wasting your time, and ours, digging through law books. Most, if not all, of what you will find is open to interpretation by the court, based on the attorney's arguments.

The seller listed it as a female. Regardless if he used the words "guaranteed", it is my opinion (key word) that a small claims court judge would rule in Peter's favor. Primarily because the market value of a female is generally greater than that of a male, all other factors being equal of course.

Bart

 

[Cat_72]

Hey Ed ---

?

What are you trying to say?

- Peter Jolles

I believe he was trying to say though he normally wouldn't side with you for whatever reason, that you are in the right and should get a refund. That is how I read it.

I could be wrong, however, it has happened once or twice before.

 

[Ed Clark]

Peter.....I believe that my post was very clear.

What I said was I believed you were wronged and should be refunded, Thats all. Please dont try and read anything into that, as there are no hidden messages. :laugh: Good Luck!

Hey Ed ---

?

What are you trying to say?

- Peter Jolles

 

[East_Coast]

Ed --- don't beat around the bush!!!

I believe he was trying to say though he normally wouldn't side with you for whatever reason, that you are in the right and should get a refund. That is how I read it.

I could be wrong, however, it has happened once or twice before.

Cathy,

Yeah - that's what I thought as well. Why he could not just write it - or why he had to post anything at all - is beyond me.

Ed - hugs and kisses.

- Peter Jolles