Potential Red-Tail

Quote:

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Mutual Contract of Sale



I.Items of Sale:

a.One Red-Tailed Boa; BCI/BCC
You don't know what it is? If you can be more specific, you probably should be.

b.Entire Set-up Including 40-gallon tank.
Spell this out in detail...what does "entire setup" mean?

c.Any other equipment Monique decides is viable.
I suppose this doesn't hurt anything to be here, but it is redundant. If Monique wants to throw in freebies, and it is her choice, it doesn't need to be in a contract, does it?

II.Terms of Sale:

a.$20-$25 payments given each week or as available by Melanie Seals’ part.
Very critical point left out here: TOTAL PAYMENT? How much are you paying for the snake and equipment? Also...how long do you have to pay? How long will Monique be waiting if you run into money problems and can't pay regularly or as quickly as you thought you would?

b.Melanie will provide good care for the animal including vet bills, the purchase of feeding items, and any other husbandry-type items.
Are you paying for this while the snake is still in Monique's care? Or only after you have purchased it?

c.Melanie will keep the snake healthy, sound, and in a low-stressed environment. How is this defined or proven? If the snake dies within that first 30 days of sale (as in your "contengencies" clause) Monique could claim that it was because you didn't keep your end of the bargain? And if, sometime in the future, Monique decides she wants her snake back, can she claim you aren't taking good care of it and therefore are in breach of the contract?

d.At the end of the payments, the snake, the equipment, etc will be moved into Melanie’s apartment. ***This might be a bit of a tough one with being in school. We’ll figure something out.

III.Contingencies:

a.If, in the event that after a month of owning Fury she becomes ill, dies, etc, either all monies will be returned or another snake is provided.
In an earlier clause, you state you'll be paying all vet bills...so what happens if the snake gets sick in the first 30 days? Who is expected to pay the bills?

i.This is provided not because Melanie doesn’t trust Monique, but because Melanie has seen it happen too many times not to.

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Having a contract is a good idea and one that too few people ever consider...especially in a transaction between friends. Best thing is to try and keep it as simple and as clear as possible.

Example:

Quote:

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Melanie agrees to pay $XXX for 1 red tail boa and enclosure. The enclosure will include 40 gal tank and.......


Monique agrees to accept XX number of payments of $XX per week until said amount is paid in full. At such time, the snake and enclosure will be turned over to Melanie.

Monique also agrees to gaurantee the health of the snake for a full 30 days. Should the snake in question become ill or die in those first 30 days, Monique will provide vet care, refund monies paid, or replace the snake.

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Something along those lines should be more than enough contract for this sort of transaction. Signed and dated by both of you, of course. Hope this helps some.

EDIT: Dislcaimer: I am not a lawyer and have no legal training beyond watching a lot of People's Court...any and all advice should be taken in that light. :P

Mutual Contract of Sale

Melanie agrees to pay $120 for 1 red tail boa and enclosure. The enclosure will include 40 gal tank, lights, substrate, heating pads, water bowl, etc.

Monique agrees to accept $120 number of payments of $2--$25 per week until said amount is paid in full. At such time, the snake and enclosure will be turned over to Melanie.

Monique also agrees to guarantee the health of the snake for a full 30 days. Should the snake in question become ill or die in those first 30 days, Monique will provide vet care, refund monies paid, or replace the snake.

Almost....except for this line:


Monique agrees to accept $120 number of payments of $2--$25 per week until said amount is paid in full. At such time, the snake and enclosure will be turned over to Melanie.

Should be something along the lines of:

"Monique agrees to accept 6 payments of $20 per week until said amount is paid in full. At such time, the snake and enclosure will be turned over to Melanie."

And if you happen to pay more than $20 a week, then you just pay it off faster. Also, if you go to all the trouble of having a contract drawn up, be sure to include written reciepts of payments made. Maybe a little list of payments made on the same paper the contract is written on...initialled by both of you as payments are made. That way there is never any confusion about if you missed a payment or paid extra or whatnot.

Ugh. I love Monique, but I about wanted to strangle her. A heat rock? For a boa? A HEAT ROCK?! -Bangs head on wall.- And typo fixed. Whoops!

After some careful thinking, I've decided, against my desire, to decline on buying "Fury." I do really want her, but wanting her isn't enough. I also have to have $$$. Right now, that $$$ needs to go to paying for a new apartment and buying the kids I do have, a new rack system.

If anyone's interested and is near Richmond, Virginia, let me know. I'll pass the word around.

I highly doubt that she'll just give Fury to me, so I'll just get over not having her. Oh well. The kids I have need to be taken care of before I add another one.