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Stated in your mail about refunding if another buyer was found, then i guess i would refund the deposit. Your web sight contract stated that deposits are not refundable....YOur being very nice to refund anything after he takes up your precious time.Maybe should not have said that you would refund the money for any reason other then the bird could not be delivered. He should have checked airport mileage first before wanting to ship birds. We drive 3 hours also to ship some birds and have no problem and do not even charge for extra gas.My guess is that the bird is better off not being with a person that can not make up their mind. He probably would have sold the bird in a year to someone else. Yes nutty people out there.

I guess I would come out in favor of the breeder who took the deposit, because that is "in fact" what a deposit is for!

I do not believe in good conscience and with legal impunity that the deposit should be refunded in whole or part. It is "as a matter of law" to bring suit against the deposit holder for a refund, and such deposit holder owes no response except in a court of law (of competent jurisdiction.)

One could argue that the deposit holder "should provide a list of expenses" damages which the deposit is being "charged against" but again no such further writing is required in common law. IE; tenant law states that a letter of "charge" against the deposit is required within a timely manor or refund of the deposit in whole. But this is not the case in simple contract law (consumers) unless that is made a statute in the resident state where the sale took place (state of the seller.)

Even a "Reasonable Person" with knowledge of the facts involved in the case would find it "not necessary" to refund the deposit. The rule of Caveat Emptor (Let the Buyer Beware) is implied here.

Dutch

P.S.- Still trying to save up for those Scarlet's

Thanks guys. Yeah he was nutty thats for sure. I have nothing to hide but I swear he had so many questions and wanted so much info it was ridiculous. The red flags went up but he seemed like a lonely guy who wanted some companionship. Supposedly Wife left him and took all the birds, back injury, things like that. There was an airport like 15 minutes from him but he wanted Continental not Delta and Continental didnt fly into where he wanted. He had called me one afternoon after promising to paypal the deposit the day before saying he was just about to hit the send button but had a few more questions first. More like a few hundred. I told him right then and there on the phone to forget it and dont send the deposit, I wasnt dealing with him any longer. Got home from work that night and he has sent the deposit...begging me not to send it back, he really wanted the bird etc etc. My fault for saying yes but I said OK and then it all started again, the weather, travel time, etc etc. I actually came flat out and said you either want the bird or you dont and he swore he wanted the bird and it would all work out. Mind you the bird was not weaned at the time and then he was freaking about the weather when shipping time came and all that. I told him we would cross that bridge when we come to it and he seemed fine. Few days later all over again and he leaves me a voicemail saying he doesnt want to take the bird and to give him his money back. I say no and thats when he files the claim on paypal. It just was a total nightmare thats for sure. But I havent heard a word since paypal ruled in my favor right before Xmas time...so I hope I never hear fromo him again.

featheredtreasures wrote:... Yeah he was nutty thats for sure... he seemed like a lonely guy who wanted some companionship. Supposedly Wife left him and took all the birds, back injury...

I KNOW that guy!!!

Sounds like he was suffering from tremendous anxiety, not abnormal if your description of his circumstances is right. I wouldn't call him a nut, but I wouldn't want to deal with him either. I'd be mostly concerned about whether someone going through such an unsettling rough patch would be a good parront. I hear too few breeders caring about that. If he drove you crazy, why would you want to send a baby bird to him? Let him get back on his feet and then maybe he'll be stable enough to function more normally.

I see a fair number of people with diagnosed anxiety problems either wanting to find the "right" bird or needing help with a plucking grey or biting bird. Birds must feel very anxious being dependent on someone so unstable to provide their every meal. I think a cat or dog would be a much wiser choice for such people. I love dogs and cats, but they're not as totally dependent as a bird locked in a cage.

JMO, Paca

I understand your point, the only reason I say "nutty" is because I did hear from a couple of other breeders who thought they might have dealt with him too and he told different stories to everyone. One was he was disabled and had no money, then someone else he told he got some big huge settlement. He told someone he was dying of cancer and told another that "God" would want her to give him a deal on the bird. I was told he supposedly had a macaw in the past and couldnt take all the noise so gave the bird away and then later wanted the bird back and claimed he only gave the bird away temporarily. No of course this is all hearsay and you are right, if he has all these problems...then a bird is not for him.
Esp not MY bird. But at the beginning I did feel sorry for him if his stories were true and thought I might be doing something nice for someone who was lonely etc. I had given him a great price, but anyway just glad that is over and again thats all for the advice.