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lmusser · Oct 3, 2009, 11:01 AM

I posted an exotic pet for sale(sugar gliders). $200-with a deposit would be accepted. A woman and her special needs daughter told me they wanted one. I had two. I agreed but had reservations because the mother had done no research on the animal. She also told the daughter it was her job to care for the pet not 'Moms'. These animals need specific nutrition and environment. It was awkward for me... I didn't quite know how to say no to them. The animals were not even born at this point. After they were born I sent a photo and they responded that they did want one. 4-6 week went by. I just didn't feel right about the verbal agreement. I texted her to tell them I changed my mind. (they are also a social animal and most often thrive where there is more than one.) I gave preference to a couple that adopted both. I never accepted a deposit. There was still about a month until they would be weaned. I apologized many times and offered other places to find one locally. The fact that I have had many, many people change their mind on a verbal agreement didn't give me concern for a legal battle. I am concerned she will use her daughters disability to gain sympathy. I liken it to choosing a specific temperament of dog for your family. Don't I have the right to make that call? She is sueing me for $2000 in small claims.

tickle · Oct 3, 2009, 11:58 AM

What is the entire $2000 that she is suing you for ? The deposit was only $200 which you didn't accept and no agreement signed. Getting sympathy in small claims court isn't going to wash, imusser. I don't think you have any worries, but it is hard to say in a case like this. I can't see her being awarded that money when she is not exactly out of pocket for it.

Tick

Fr_Chuck · Oct 3, 2009, 12:04 PM

I can't even guess where 2000 is coming from, they can sue for actual loses, perhaps the drive time and cost of coming to see you. But they failed to give a deposit and did not have a signed contract, go to court and just stick to the facts, I would leave the disablity issues out of it, just that they never paid deposit and someone else did before them.

this8384 · Oct 5, 2009, 12:46 PM

Go to court. Odds are that they will lose.

You can try to use the reasoning that, as you said, the animals thrive much more when there is more than one present - given that the new couple was willing to take both animals and that there was no deposit given, you acted in a manner that you felt was in the animals' best interest.

shazamataz · Oct 5, 2009, 11:25 PM

When you say you never accpeted a deposit do you mean they offered one and you told them not to worry about it, or they did not offer up a deposit at all?

If they offered a deposit and you declined then they may be able to squeeze some money out of you if they had already bought a cage, food etc. but I doubt it would be anywhere near $2,000

JudyKayTee · Oct 6, 2009, 06:04 PM

I don't see they can claim they are out of pocket for ANY money - they were going to pay you $200 for this "pet." Even if they bought equipment and whatever else sugar gliders need, they "presumably" bought OTHER sugar gliders and are using those same supplies.

They certainly never bonded with animals they never saw.

The only claim I can see is if they bought one and paid more than what you asked - I see a suit for the difference between the two prices but I don't see them winning that, either.

HOWEVER, it does appear you had an oral contract, a meeting of the minds.

Even so, I see no damage to them - as someone said, yes, travel time (a maybe) and gas and expenses (possibly) but even so, what is that going to add up to?

As far as the daughter's disability - it has no place in this matter as it has nothing to do with the (maybe) oral contract. Sympathy? Perhaps. But, again, nobody bonded with an animal they now can't get/don't have. I don't see any damages.