I need help with "sticky situation"

[ChadRamsey]

OK, so i raise and breed snakes. Some pretty expensive ones.

So on 3/15 someone responded to one of my ads for a snake i have for sale. She stated that she wanted to buy it but want to put a down payment on it of $100 and then pay the remaining balance on April 1 of another $500.

I agreed and she sent a $100 deposit. We spoke a couple times via pm between 3/15 and 4/1. But 4/1 rolls around and i have not heard from her nor received the remaining balance that is owed.

On 4/10 i pmed her and said:

"Hey Jen, im just touching base here. How are things and how are we looking here?"

No response whats so ever. BUT she had been on the forum that same day AFTER i had sent the message. I can only assume that she received the message.

On 4/15 i sent this:

XXX, I am sorry to be this way, but i need to hear back from you. You put $100 deposit on this Pied and told me that you would have him paid off by April 1st. 3 weeks have passed since the day you said you would have him paid off. I am trying to work with you the best i can but i REALLY need the cage space.

PLEASE contact me asap so that we can get this resolved. If i dont hear from you, all i can assume is that you no longer want him and i will repost him for sale.

Chad"

Once again, she has logged on and has not replied to my message. Once again i have to assume that she did get it and read it.



My plan.

On 4/23 i will message her one more time and tell her that if i do not receive FULL payment by 4/30, that i will repost the animal for sale and she will forfeit her $100 deposit.

Is this fair? What would you do?

[76dragon]

This is very fair. You are going out of your way already. Others would not be that kind

[wkndracer]

You are being more than fair (imo) 30days outstanding is being WAY fair (and) beyond.
Maintaining contact is all important on the debtor side.
Life happens but without contact you have been left hanging.

[SlammedDC2]

More than fair.

[DogFish]

Chad you sound like a very fair guy to work with.

You did not state if it was understood that the deposit was not refundable. If you did not make that clear in writing I can see where that may be brought up. However, it is pretty much implied in today's world.

Since you're vested in that community, I think this thread should be on that forum as you'll want to protect your good name there.

Yes, it would be right to keep the deposit and offer the snake to the next person but, you want to protect your name too for future sales.

[NWA-Planted]

Just keep your documentation

Sent from my DROIDX using Tapatalk 2

[GraphicGr8s]

I too would repost and sell. Back in another life when I use to special order parts for a customer I would take a deposit. Every so often the client would do what yours is doing. Even though it was a non-refundable I would hold the deposit. Depending on circumstances there was a chance I would refund. In the scenario you have posed however where she is on the forum I wouldn't be refunding.

[Sukhoi]

You are being fair. This person was interested in one of your snakes and gave you deposit. You can only hold onto the snake for so long before you have no choice but to resale the snake again. I don't know this person's story is. Maybe she couldn't afford the rest of the money and decided not to tell you. Maybe there is personal reasons. I dunno.

Either way, I would message her one more time and tell her if she doesn't contact you; you will keep the deposit and put the snake up for sale again. I think it is fair. You waited way more than you should had. Think of it this way, that 100 dollars was going for the care of the snake while you waiting for the rest of the money. I think it is fair to keep the deposit unless this person explains their circumstances and gives a good reason for the lack of contact with you.

Good luck with this.

[Kyrol]

The only issue you'll have is if you used paypal. Getting them to side with you even when you have documentaion is rouugh.

[radioman]

I would say it is understood a deposit is forfeited if you don't pay the remaining amount so it sounds like you are being fair.

[Senior Shrimpo]

Wait, she sent you $100 but then stopped contacting you? You never sent her this snake?

Well I guess the correct thing to do is refund her the money but if you told her deposits are non refundable then you can probably keep it if she doesn't answer you.

In the future I'd recommend being really punctual with dates, I got screwed over (by Nikki of course) by not being formal and punctual and letting weeks get away from me.

[FreedPenguin]

Forfeiture of her deposit seems more than fair.

I thought you were getting the short end of the stick but in today's economy, she must have a reason for not replying. $100 goes a long way.

[Jeff5614]

I would return her deposit. True it sounds like she's avoiding you, but you don't know the reason or her current circumstances. Also if there was no agreement that she'd be forfeiting her deposit if she couldn't pay the balance it doesn't seem right to keep her money. No need to "punish" her for bad manners. Keep in mind how you would prefer to be treated. If she contacts you in the future wanting to make a purchase just tell her you want full payment and won't accept a deposit.

[scapegoat]

deposits are made in good faith that the item is sold and can be taken off the market.

this can leave the seller having to turn down/lose sales of said item.

I see no reason to offer to refund the deposit. OP could have lost a sure sale and deserves to be compensated for additional husbandry expenses of the "sold" animal.

[dbosman@msu.edu]

Fair and legal aren't necessarily the same thing. This type of issue is what contracts are for. The ultimate outcome depends on what your states law says about sales.
The simplest thing is to refund the money and consider the experience a lesson.

If you keep the money, you may be sued in small claims court and may well lose. That puts a judgement on your credit record. That could negatively affect your ability to get a loan, credit card, mortgage, etc. in the future. Is that worth anything to you?