What to do about shady buyers?

Don’t tell me it’s Boo! I love her so much but I have provisionally got another gecko so unable to get the funds or space for Boo :cry:

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It’s Harley the Extreme, but Boo is up and she will be letting me know tomorrow if she’s having her too… :grimacing:
No way, what’s the new one??

Maybe add a disclaimer to your Terms of Service, such as, “We reserve the right to refuse sales to anyone”, or something along those lines.

These are living creatures, not cans of soup! You have a right to ensure that your animal is going to an appropriate home.

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That’s a good idea, thank you!

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I’m no lawyer, but the less you say, the better off you will be. Be polite, thank them for their interest, and just decline to “move forward w this transaction”. Wish them the best. You might get a future inquiry from them. Feel free to ignore it.

You don’t want to get caught in a lie. Their seeing the animal still for sale, or relisted later, would only raise their ire.

As mentioned by others, you don’t have to explain yourself or sell to just anyone. My nephew and his wife just bought a puppy in NYC, and they seriously had to audition…

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Yup, I wasn’t going to tell them that I decided not to sell him for that very reason.

I’m still trying to decide if I want to give them the benefit of the doubt, since our conversation so far hasn’t raised any red flags, or if I should follow my gut. We’re trying to schedule a day for a local pickup, but it’s not really working out with my schedule right now.

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You could always implement a simple sales agreement with a provision for first right of refusal, or a buyback option. As long as it states something like the following, it should scare off flippers…

No provision of this Sale Agreement may be amended without the written approval of both the Seller and the Buyer. Since violations of the Sale Agreement may be detrimental to the reputation of the Seller’s Business Name, the value of the Seller’s animals, and the integrity of the hobby itself, Buyer agrees that any such violation will entitle the Seller to payment, on demand, to an amount equal to five times the above stated purchase price. Should litigation become necessary, Buyer agrees to litigation in the county of the Seller’s residence.

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@stackedbp I think this is going a bit too far. Plain language can be legally binding too, and being nice attracts more nice people, in my opinion. I’d personally avoid most sellers who had a TOS with this sort of punitive codicil.

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Scare off flippers and pretty much everyone else, jeez. No way am I going to agree to something like that as a buyer. What if it dies and I make a post on social media about it, or what if it comes sick or with mites. You’ve damaged the seller’s reputation, they get to charge you for it! Store policies should be very cut and dry, once the animal has been paid for and arrived safely what they do with it is not really your business.

Why don’t you just… ask them what they intend to do with the animal? That is what vouching potential buyers is for. Devil’s advocate here: imagine spending weeks communicating with someone to purchase an animal, you’re planning for it, maybe even bought another to pair it with. Then out of the blue they decide to cut it off, no reason given. I’d be pretty livid. I’m not saying whether or not they’re sketchy, but I don’t think it costs you much to air your concerns to them. Maybe they get mad and you have to block them, maybe they clear up your concerns and you go through with the sale.

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You guys wouldn’t agree to offer first right of refusal at fair market value of an animal back to the original seller should you not need/want the animal any longer? Here’s an example:
“I’m gonna sell this animal I bought from you 3 years ago, would you like to buy it back at $X.XX before I post it on MM?”
That’s it, that’s the contractual obligation.
A sales agreement can have anything you want in it. The buyer is only accountable for what is specifically stated in the agreement, it should be precise. The damages for breaking that agreement should be clearly spelled out, otherwise all you’ve got is a broken promise. It doesn’t need to be that steep, but it does need to be there.

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I misread that, because I was scanning. I’d do the same thing when shopping, pass. Right of first refusal is okay, but I wouldn’t put a multiple on it up front, personally. I’m sorry I misunderstood you.

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I think that’s s good idea to add into the terms. Something I will be adding. Not sure how I will word it but I’ll figure something out.

Honestly, No I would never agree to that. If you don’t trust the person to do what you feel is right, don’t sell it to them. After I buy an animal it’s my business and if I want to sell an animal locally 5 years down the road vs shipping it back to you, Im going to. If I have a emergency and need to sell the animal 2 weeks later to a buddy, im going to.

You’re trying to create an illusion of control. Just have to face it, once the animal leaves your care you are not in control. If you can’t trust the person, don’t sell it to them.

I feel it’s best to address potential issues but if not I’d go with:
“I can’t move forward with the sale of this animal due to personal reasons, I apologize and wish you the best.”

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I guess my point is that I’d hope that the person who the OP feels uncomfortable selling to feels the same way.

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To clarify my previous post, I don’t have a problem if some sellers want to assert first right of refusal, but I wouldn’t do it, myself.

I would also have to think carefully about how much I needed to buy a particular animal from a given seller who had such a policy.

I have been doing research… At least in UK where I am. It is against the law to buy reptiles to sell them on without the relevant licence as it is a business not a hobby.

We can sell a reptile we didn’t produce as long as it’s not a regular thing. Not sure on laws elsewhere

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In the US I think you need a vendor’s license to sell. I’m not sure on the details, I doubt you’d need one to sell an animal or two but you’d likely need one to vend at an expo (depending what state you’re in).

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First right of refusal if the buyer can’t keep the animal for any reason is pretty standard with high quality dog and cat breeders. I had a horse back riding teacher who did it with horses, too.

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I dont think it is the what people are iffy with, its more the language you used. While in court, you need language to be as concise as possible, in a marketplace you want it to be as understandable as possible. While those sound like the same thing, they quickly drift apart when dealing with different levels of understanding and experience. Saying “if you no longer want the animal or wish to resell it, we reserve the right to purchase the snake back for the price of your choosing.” This says the same thing, but is far more readable and less scary to the average buyer who likely doesnt want to pick through legal jargen to ensure its safe to buy.

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I would just have them meet at the police station