Sale backout in less than 24 hours. Help!

[chincherub]

Need advice here. I usually ask the people that purchase my chins, that if the time comes and they find they need to sell him/her to please give me first call. I sold a chin I almost decided to keep a few months ago and requested this option. The person emailed me four weeks ago and asked if I wanted her back as they had found a pregnant one they were going to buy, (mine was a kit). I said yes and immediately sent a deposit to them of more than 50%. This person was coming this way this weekend and was going to drop off the chin. I was really excited about getting her back as in the mean time I lost her Sire.
Got a phone call after all this time and less than 24 hours before dropoff to say they were changing their mind and going to keep the kit.
They would send me my check next Monday or Tuesday. I was under the assumption that when they cashed my check it then became a contract. Do I have any options?

[DS Chinchillas]

Well IMO ... Techinically they have that right as a seller, and since they were the one's backing out of the sale they are required to refund you 100% of what you sent them in a timely manner.

If you had been the one to back out of the sale then they are only required to give you back a percentage of the deposit, if and ONLY if that is what they have stated either on their website or to you prior to the deposit being made ... for instance I require either a $25 or 25% (which ever is greater) non-refundable deposit ... so if I back out of the sale, than I am to refund the entire amount as that is only fair ... if the buyers backs out of the sale then they are refunded their money minus the deposit.

Recently I had a sale fall through because neither the buyer or myself could arrange the r/r we were hoping for ... so we agreed that I would refund 1/2 the deposit as it was a mutual decision.

As a seller one reserves the right to change their mind .... it's like those signs you see in restaurants (we reserve the right to refuse service to anyone), not that this is the same thing, but I'm just trying to put an example out there.

However, you mentioned that they said they would send you your check Monday or Tuesday, but yet they cashed your check? or are they sending you a check from their account?

Everyone does business their own way ... and some may say you have a binding contract, but I don't think you do as long as they are willing to refund you 100% of what you already paid.

[chincherub]

They said they would send me 'A' check? Mine was cashed. And I agree with everything you said, that is why on my websites I have in writing that I can back out on any sale at any time. This person does not have a web site I believe.

[ChinchillAZ]

I'm not sure from your post if you're wanting to find a way to still get the chin back or if you're worried about getting your money back...

Unless you actually have a contract, I do not believe cashing a check becomes a contract, especially if they are doing to be returning the money. Personally, I would not have sent them money. I would have given them money at the time I received the chinchilla back. You have to be very careful when it comes to sending money to people, whether you're a buyer or a seller.

I hope everything works out!

[kmc]

I always try to have something written down on paper BEFORE I exchange any money.
If they wanted you to take her back, you could have faxed them a 'contract', when they signed it and faxed it back, then you could send money, and there would have been no way for them to back out.

People always get weird when money is involved. You cant really trust anybody.

[blacksettingsun]

I have a contract that I make all adopters sign before I let a chin go...that way I have proof if something should go wrong or they have any arguments about something I said.

[chincherub]

I really would like to hear more opinions on this, but I must say this incident hopefully will be solved. The person called and asked if I have any other females for sale. I do. He is going to trade the one he has, a beige, for the new kit which is a tan. I will take the monetary loss and I will tell you why. The first kit left here in June and soon after her Sire passed away. A very dear friend of mine who bred chins for 15 years is no longer physically able to have a herd so she tries to keep her numbers to six. This little chin is from her line through the now deceased sire. I promised her she could have the kit when the person wanted to sell her back to me. So hopefully this is all going to come out fine for everyone.

I have to add though that I must be a soft touch or very blessed because first of all no one has ever backed out of sale with me and I haven't either with anyone, that is in nine years, but if they did I would probably refund their deposit as long as I didn't lose anything in the process. Afterall, I would still have the chin.

[kmc]

Ok, ok...let me see if I got this.
They wanted to give her back to you because they were going to buy a pregnant female.
Then, they changed their minds and kept her. Did they still buy the pregnant chin?
So you sent them money and have not got it back.
NOW, they want to TRADE the previous chin for another female that you have?

1) Why are they doing weird things with chins, why dont they want her, then do want her, then dont?
2) I think if they want one from you, you can still trade but get your money back first!

Maybe I just dont understand :dizzy:

[Megan.]

I don't understand why sell to someone like this? Why are they "dumping" the chin they got from you in the first place? That would put up a red flag for me. Secondly, they want a pregnant female ? Another red flag.. Then they decide to keep her? and now they want her gone, again? I don't think I'd trust them with another animal.. What happens when they don't want this chin? He's back to getting a kit..which is why he was selling the first female in the first place, right?

[Babyblueeyes21]

Sounds like they are not very responsible people, I would think twice about selling them another one of your kits!