Hi,
I just sold some zebras on aquabid last week (all over 1" in size, 7 total).
I drive half way and the "X" pick-up 7 zebras from me,
all of them where in good shape, he saw them.
After 34 hrs he em me and let me know they are dead.
At the time he pick-up fish from me I received cash and check
(I trusted him).
I asked him to ship dead fish to me for examination
and he refuse it.
What are my option?
Any sugestion, recomendation????????
Thank you
krzysztof
I need fed back
I need fed back
17 years with discus and learning new tricks every day.
L-46 is my new challenge
L-46 is my new challenge
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TwoTankAmin
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Well you are learning why it can be risky to do business on AquaBid.
There is no way to know what the buyer did with the fish once they left your custody. His tank params could have been wrong for the fish, he may not have acclimated them right etc etc. Or, he may simply be out to try and rip you off for some of the money since he wont return the fish. Or to get free replacements for not dead fish. He probably overbid and regretted it.
I do not think you have much choice, you may have to eat the loss if he cancels the check before it clears.
I am about ready to begin selling mine and under no circumstances will I list them on AquaBid. I realize that I wont get the kind of insane price they seem to fetch there, but I doubt I will have this sort of problem.
Be prepared for negative feedback and perhaps being raked across the coals on the forums there.
There is no way to know what the buyer did with the fish once they left your custody. His tank params could have been wrong for the fish, he may not have acclimated them right etc etc. Or, he may simply be out to try and rip you off for some of the money since he wont return the fish. Or to get free replacements for not dead fish. He probably overbid and regretted it.
I do not think you have much choice, you may have to eat the loss if he cancels the check before it clears.
I am about ready to begin selling mine and under no circumstances will I list them on AquaBid. I realize that I wont get the kind of insane price they seem to fetch there, but I doubt I will have this sort of problem.
Be prepared for negative feedback and perhaps being raked across the coals on the forums there.
What makes the common person uncommon is common sense.
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tiger27924
- Groupie
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- Joined: Sun Sep 24, 2006 7:27 pm
- Location: Seymour, IN (USA)
Respectfully disagree....
This in no way is Aquabid's fault in my opinion...you were lucky enough to meet the person who actually bought your fish...meaning you have legite contact info...as well as a physical signed check. Depending on what your policies were in your auction then you are not at fault and could pursue legal action if necessary. If your sale was for delivery of "live" fish and you delivered him live fish, then at the point you completed your transaction and any occurence thereafter is the responsibility of the buyer and does not leave you liable. If he cancels his check, and depending on the amount of money, I would contact a local attorney or your county clerk's office and discuss your options. IF, however, it was not clearly stated that you simply had to deliver the fish alive, but that you guaranteed they would live for a certain amount of time then I guess you're out the money with little to prove it was his fault. It is very curious that he is not willing to salt the bodies and send them to you. If I were you, in a nice manner I would continue to request the bodies and at the very least pictures of the dead fish. Did you stipulate in your auction that the dead fish must be sent back or that pictures must be supplied??? IF you did then this would be very pertinent information for a lawyer, or at least helpful for you to point out again to the buyer and remind him of this, after your receive advice from the county clerk's office or a lawyer. That way he knows you are willing to pursue legal course if necessary. I'm assuming that 7 zebras brought in a nice chunck of money, and this is the only reason that I'm suggesting that it might be worthwhile to pursue legal action possibly. Otherwise, it may just be one of those life lessons. In the future have very specific auction stipulations and protect yourself by taking USPS money orders or cash upon delivery. Hope this helps you at all. Let me know how it goes for ya. I'm sorry to hear that this has happened. 
Tony
Hi
While agreeing with the previous post about conditions laid down in the auction.
Enquiring about water parameters, fish keeping experience and any other questions you can think of.
Now if you have a small claims court as we do here in the UK ( I guess you do, you export Judge Judy ), and depending on the sum of money involved, maybe this is a course of action to take.
An assumption I make here is that you breed this fish, so you are keeping it in pretty much ideal conditions.
A reluctance to provide you with the dead fish, and no effort on the purchasers part by to ascertain cause of death, or cooperate with your investigations, IMO will only looked upon one way if an action is taken.
In addition there are records of fish being shipped at less than 1 inch successfully, I myself have received some and they are growing out just fine.
If this option is open to you, then don't make the mistake of divulging what you are going to do, or after making polite enquiries about water parameters, explain what you are about to do as these can be easily fabricated.
You could also enquire at one of your LFS's about the legality, I do know though that these are more likely to replace in the hope of getting further custom.
Take care
Dave
Enquiring about water parameters, fish keeping experience and any other questions you can think of.
Now if you have a small claims court as we do here in the UK ( I guess you do, you export Judge Judy ), and depending on the sum of money involved, maybe this is a course of action to take.
An assumption I make here is that you breed this fish, so you are keeping it in pretty much ideal conditions.
A reluctance to provide you with the dead fish, and no effort on the purchasers part by to ascertain cause of death, or cooperate with your investigations, IMO will only looked upon one way if an action is taken.
In addition there are records of fish being shipped at less than 1 inch successfully, I myself have received some and they are growing out just fine.
If this option is open to you, then don't make the mistake of divulging what you are going to do, or after making polite enquiries about water parameters, explain what you are about to do as these can be easily fabricated.
You could also enquire at one of your LFS's about the legality, I do know though that these are more likely to replace in the hope of getting further custom.
Take care
Dave
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TwoTankAmin
- Moderator
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- Location: Westchester Co., NY
tiger, I did not say AquaBid was in any way at fault. What I did say is that some buyers and sellers who use the site are unscrupulous, just as with anything else in life. However, AquaBid does nothing to investigate or to try an insure that those who buy and sell there are legitimate and it says so up front on the site. Remember this is AquaBid not Southebys or even Ebay.
I also concur that when selling such a pricey fish the terms of the transaction should be fully agreed upon in advance.
If one is able to spawn and to grow out zebras, the odds are very good that they are healthy fish at the time of sale. When a stranger takes them, the seller has no guarantee that the buyer has a comensurate level of experience.
The problem here is that there is really no way to sue and collect for the amount involved. A decent lawyer charges a few hundred an hour and that means a quick 3 or 4 hours work will likely cost more than the total amount involved. Even if one chooses to go to small claims court and wins, the court does not enforce the collection process.
I also concur that when selling such a pricey fish the terms of the transaction should be fully agreed upon in advance.
If one is able to spawn and to grow out zebras, the odds are very good that they are healthy fish at the time of sale. When a stranger takes them, the seller has no guarantee that the buyer has a comensurate level of experience.
The problem here is that there is really no way to sue and collect for the amount involved. A decent lawyer charges a few hundred an hour and that means a quick 3 or 4 hours work will likely cost more than the total amount involved. Even if one chooses to go to small claims court and wins, the court does not enforce the collection process.
What makes the common person uncommon is common sense.
Total BS. Even if he *did* send you the dead fish, once he took delivery of them they're his problem not yours.
If the check is canceled before it clears, just file a lawsuit to get the money. If you still don't get the money, you can probably sell the debt at a loss and have someone bash down his door to get the money.
If the check is canceled before it clears, just file a lawsuit to get the money. If you still don't get the money, you can probably sell the debt at a loss and have someone bash down his door to get the money.
It's not an illusion, it just looks like one.
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eklikewhoa
- Obsessed!!
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Thats a bummer if you don't get your money.
Its also a bummer if they really died.
I wanted to bid, but i saw you did not ship.
Zebras and pleco's in general are pretty tough fish, so either he had really poor acclimating or fish keeping skills or he is not telling you the truth.
Not sending you the dead fish, leads me to believe that he is not being truthful.
You could do small claims to try and get your money back.
I would never take a check, with zebras being in such hi demand there are plenty of people with cash.
As far as me selling fish, when i sell frontosa fry, i give a 7 day warranty, frontosa are pretty tough fish also, so if they die, the keeper is pretty sad.
But zebra cost alot more.
if mine bred, i would maybe give a 50% warranty for 3 days or something, with proof of death.
Is he being pushy about more Zebra for the "dead" ones?
Its also a bummer if they really died.
I wanted to bid, but i saw you did not ship.
Zebras and pleco's in general are pretty tough fish, so either he had really poor acclimating or fish keeping skills or he is not telling you the truth.
Not sending you the dead fish, leads me to believe that he is not being truthful.
You could do small claims to try and get your money back.
I would never take a check, with zebras being in such hi demand there are plenty of people with cash.
As far as me selling fish, when i sell frontosa fry, i give a 7 day warranty, frontosa are pretty tough fish also, so if they die, the keeper is pretty sad.
But zebra cost alot more.
if mine bred, i would maybe give a 50% warranty for 3 days or something, with proof of death.
Is he being pushy about more Zebra for the "dead" ones?
RE
Thank you very much for very good informative reply.
He is asking me to return $500 which I colected at the time when He get fish from my hands, should I return the monye?.
If he send dead fish to me now, what I should do in your opinion?.
Thank you
Krzysztof Z.
He is asking me to return $500 which I colected at the time when He get fish from my hands, should I return the monye?.
If he send dead fish to me now, what I should do in your opinion?.
Thank you
Krzysztof Z.
17 years with discus and learning new tricks every day.
L-46 is my new challenge
L-46 is my new challenge
IMO if he is asking for the money back then he has to send back the dead fish to you or a pic of the dead fish,
i always say to buyers that once the fish are in their hands it's their responsibility, after all the fish were hatched and grown with no problems so it would be down to poor after sale husbandry that they have died,
sound's to me that he's after you fish and your money,
hang on to the money and dont take cheque's for payment
i always say to buyers that once the fish are in their hands it's their responsibility, after all the fish were hatched and grown with no problems so it would be down to poor after sale husbandry that they have died,
sound's to me that he's after you fish and your money,
hang on to the money and dont take cheque's for payment
I wouldn't give him the money back even if he sends the fish back. The fish were alive when you gave them to him - all the dead fish would prove is that after you gave him live fish, he turned them into dead fish.
I wouldn't give him a cent. People who buy zebras should be able to acclimate them and look after them. If they can't, it's not the seller's responsibility.
I wouldn't give him a cent. People who buy zebras should be able to acclimate them and look after them. If they can't, it's not the seller's responsibility.
It's not an illusion, it just looks like one.
I agree. You gave him live fish. What he did to them after that is a personal problem. At least you won't be out the entire cost for them if he cancels his check. If you had shipped the fish to him and they arrived dead, that's one thing, but you went out of your way and met him halfway, to give him LIVE fish. They made it as far as you travelled with them, so the odds are good they should have made it all the way home. You weren't contacted immediately, which means they probably even lived to be acclimated, only to be killed by something wrong with his water. You aren't liable unless you said you'd guarantee live fish, not just live arrival.
Barbie
Barbie
[url=http://www.plecos.com][img]http://plecos.com/plecosbanner.gif[/img][/url]
Buying a fish is a risk sometimes, could be a $1 fish or a $1000 fish.
Zebra are pricey fish, we all know that.
I sure as heck was worried the first week i got my Zebra trio, alot of money that could have ended up flushed.
I have bought cars for less than i paid for those guys!!!
anyway, if my fish died after i bought them, i'd be pissed, but i would not try to get money back, because it would be my fault.
the fish made it to over a inch, so they should have made it with my care, or your buyers.
He made the purchase, you went out of your way to accomodate him.
At best, i would give him 50% off of future fry, since you are breeding them.
But he would have to make the effort to send you the dead fry.
Either he is out to get zebra and your money, or he is a poor keeper who killed the fish, so maybe he should not even get the chance of future fry from you!
I don't believe you are under any further obligation, unless you wish to be.
Zebra are pricey fish, we all know that.
I sure as heck was worried the first week i got my Zebra trio, alot of money that could have ended up flushed.
I have bought cars for less than i paid for those guys!!!
anyway, if my fish died after i bought them, i'd be pissed, but i would not try to get money back, because it would be my fault.
the fish made it to over a inch, so they should have made it with my care, or your buyers.
He made the purchase, you went out of your way to accomodate him.
At best, i would give him 50% off of future fry, since you are breeding them.
But he would have to make the effort to send you the dead fry.
Either he is out to get zebra and your money, or he is a poor keeper who killed the fish, so maybe he should not even get the chance of future fry from you!
I don't believe you are under any further obligation, unless you wish to be.
i was just thinking.
I have friends who keep dead favorite frontosa in the freezer.
would not be impossible to buy zebra from one guy, kill them by poor keeping skills, or even a bad shipment, and then put those dead juvies in the freezer.
then buy your fish, and show you a picture of dead zebra he had before he even met you.
I kept a dead shipped frontosa frozen for a year, and still have the digi pix, just in case the shipper wanted proof later, but he was cool and sent me a new fish anyway.
but i could have used that fish and pix to lie to someone else who could have shipped to me.
thats a stretch but it could happen with this high priced fish.
I have friends who keep dead favorite frontosa in the freezer.
would not be impossible to buy zebra from one guy, kill them by poor keeping skills, or even a bad shipment, and then put those dead juvies in the freezer.
then buy your fish, and show you a picture of dead zebra he had before he even met you.
I kept a dead shipped frontosa frozen for a year, and still have the digi pix, just in case the shipper wanted proof later, but he was cool and sent me a new fish anyway.
but i could have used that fish and pix to lie to someone else who could have shipped to me.
thats a stretch but it could happen with this high priced fish.
