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View Poll Results: Seller/Buyer has the right to........

Voters
29. You may not vote on this poll
  • Buyer should return the female and get the male that he originally paid for with no cost to him

    9 31.03%
  • Seller is SOL and should have made sure somehow before shipping

    14 48.28%
  • Buyer has the choice to keep the female or give her back and pay nothing or pay the difference

    6 20.69%
  • Other Please explain

    0 0%
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  1. #1
    BPnet Veteran BAD Morphs's Avatar
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    Need everyones input!!

    Ok so heres it is... Ok I bought a pair of Albino's back in march. I decided I had no use for the male and sold him on 6/3/09. Now at the time of the sale I did not know how to sex snakes. I was and am still new to this but have learned to pop since this sale. So I sold what was presented to me by the shipper as a male. So they either had them in the wrong bags or mis labeled them. Well found out yesterday that the "female" I wanted to keep was the one that was sold and shipped out. Yes I know it was my fault for not sexing a snake before selling it but I didn't know how at the time and just went off what the semi big breeder sent me! I was working on my popping technique yesterday and decided to pop my "female" bino and it popped a male and had sperm plugs! My stomach turned when I realized what had happened. I contact the buyer of the "male" bino and he confirmed that infact he has the female. But he paid for the male not the female. I never intented on selling my female and he said he was willing to trade me back but doesn't want the male that he originally paid for or he does but wants something else tossed in on it and he said he would add more cash. But the thing is I don't have anything else I am willing to get rid of. I am sort of stuck in the situation and want ppl's opinions. On wether or not I should have the right to my snake back and he gets the male he originally paid for or since I screwed up my loss. I talked to a few different ppl and have had different takes on this. I would be willing to either pay for shipping both ways since it was my mistake in the first placeor let him keep her for the price of an 08 female bino. So what do you guys think?????

  2. #2
    BPnet Veteran Patrick Long's Avatar
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    Re: Need everyones input!!

    He does NOT get to keep an animal he did NOT pay for.

    He either Pays you more money, or sends the snake back with you paying BOTH ways.


    If you ordered a dvd from Amazon, and they sent you a Flat Screen TV....do you get to keep the TV?!?!?! No, you dont.

    Voted!
    Last edited by Patrick Long; 10-03-2009 at 03:34 PM.

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  4. #3
    BPnet Veteran Twisted Reptiles's Avatar
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    Re: Need everyones input!!

    I'm not sure, I tend to disagree. You as the seller are responsible for making sure you send out the correct animal. It is several months later, this is not like you realized it two days later. If he wants to work something out with you, I think thats great, but...this much time later, I don't feel he is obligated to.

    To go along with Patrick's analogy, even in that situation...after a certain amount of time had passed, they would have very little legal recourse to reclaim the flat screen tv.
    -Eric-



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  6. #4
    BPnet Veteran mxrider42's Avatar
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    Re: Need everyones input!!

    I think it would be complete up to the buyer at this point. What ever he/she wants to do.
    I know with credit cards you only have 60 days to challenge a charge. After that you have to pay it no matter what.
    Trey

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  8. #5
    Registered User MustBeSatan's Avatar
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    Re: Need everyones input!!

    I'm going to agree with xscorpio on this one... If amazon accidentally sent you a flatscreen tv and you both thought it was a dvd until you both realized it wasn't sometime down the line, amazon would not tell you to send it back. The person who accidentally shipped it might be fired, and amazon would suck it up and move on. The seller is absolutely 100% responsible to make sure the product they send is the one the purchaser intends to purchase. If they erronously send the wrong one, and the purchaser wants to keep the one they sent, they are absolutely within their rights to do so.

    However, it sounds like the guy who bought the snake is reasonable enough, and if you want your snake back you'd better find a way to make him happy, even if you have to take a bit of a loss. Depends how important the snake is to you I guess, but no, he has no obligation to just give you the snake back.
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  10. #6
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    Re: Need everyones input!!

    Speaking as a law student, for him to keep the item which is not the item he paid for, is illegal. Was there any contract? Are there any emails in which the two of you agreed to purchase and send the particular snake. Another person mentioned it had been several months. Unless it's been over a couple years, depending on the state, it's irrelevant. The statute of limitations doesn't run out for some times on items like this.

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  12. #7
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    Re: Need everyones input!!

    However, it sounds like the guy who bought the snake is reasonable enough, and if you want your snake back you'd better find a way to make him happy, even if you have to take a bit of a loss. Depends how important the snake is to you I guess, but no, he has no obligation to just give you the snake back.[/QUOTE]

    If there was an agreement over a particular snake, the buyer does indeed have an obligation to give it back.

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  14. #8
    BPnet Veteran BAD Morphs's Avatar
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    Re: Need everyones input!!

    Quote Originally Posted by gknight View Post
    However, it sounds like the guy who bought the snake is reasonable enough, and if you want your snake back you'd better find a way to make him happy, even if you have to take a bit of a loss. Depends how important the snake is to you I guess, but no, he has no obligation to just give you the snake back.
    If there was an agreement over a particular snake, the buyer does indeed have an obligation to give it back.[/QUOTE]

    I do tend to agree that this is my loss as the shipper for selling a snake that I wasn't 100% sure was male. But to answer your question the deal was made for an 08 male albino. And The buyer and I are in contact and he said he is happy either way but offered to send her back to me in place of not just the male he paid for but for something else ontop of the male. And would add cash to the trade back if it was more than what he paid I guess. So he is working with me to an extent. She was in my future plans which is why I wanted to sell the male and not the female. But things change and stuff happens! This is a learning experience for both me and him to say the least. And I have no expectations of the buyer to just wanna hand me back the snake after such a long time gap. I guess as long as he is happy with what he got male or female than thats what matters most even if I have lost a few hundred dollars! I bet I won't be making that mistake again anytime soon! LOL

  15. #9
    Old enough to remember. Freakie_frog's Avatar
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    Re: Need everyones input!!

    they buyer wanted a male.. Explaine what happened have them shipp the snake back to you and you ship the male to thme.. Problem solved.
    When you've got 10,000 people trying to do the same thing, why would you want to be number 10,001? ~ Mark Cuban
    "for the discerning collector"



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  17. #10
    BPnet Veteran BAD Morphs's Avatar
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    Re: Need everyones input!!

    Quote Originally Posted by Freakie_frog View Post
    they buyer wanted a male.. Explaine what happened have them shipp the snake back to you and you ship the male to thme.. Problem solved.
    I wish it were that easy. He seems to not want the male he originally paid for now.

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