This is a desperate cry for help!

[PowerBBS]

Mom and Pop store or not.... I'd simply call a local attorney (the call should be free) and ask them about a lawsuit for emotional distress against the shop owners. You actually should have legal claim against the bird you put a deposit amount on. Letting others interact with the bird (which the store admits is not a normal policy) is the one key point that is going to work with you on this.

AND now that the bird you put a deposit down has been stolen the store has no legal premmiss to keep your deposit money. If they do, it's out right theft. The law is on your side for that, for sure.

If they're trying to sell the new birds at a higher price, then it is a violation of your verbal contract of sale which is "locked" the second you put down the deposit. They cannot raise the price on you.

My advice.... Quit being nice and take control of the situation legally. Mom and Pop need to be put in their place with a lawsuit! The more you delay, the less legal foothold you'll have. Even if it puts them out of business... Mom and Pop need to learn how to "work with customers" or get out of the biz!

[snooky17]

Nope, that isn't a normal price for Austin...I almost fell out of my chair when she said that it would cost $1500.00 The timneh was about 1,000.00 after tax and all! The more I think about it the more ludicrous that price sounds!

[snooky17]

Haha thanks Power BBS. I agree with you about taking control of the situation. My father is an attorney, thankfully, and he said that he would send them a demand letter if necessary. I got my deposit back a week after the timneh was stolen...so do you think I still have a firm legal standing?

[ROYJOY]

check your local papers, and online bird sales, to see if she is trying to resell it.

[PowerBBS]

Originally Posted by snooky17

... I got my deposit back a week after the timneh was stolen...so do you think I still have a firm legal standing?

Well now that you got your deposit back - you've actually forfeited the contract and no longer have any legal standing. At least that's how the law would most likely see it.

Especially if you worded it anything like this "Give me my bird or give me my money?" Which means you gave them an option. They chose "refund" - even if you did have to fight to get it back.

If I were you, make the few hours drive to Florida and check out the breeders and stores over there (mainly because I'm aware of quite a few breeders in Florida). You'll most likely find a few that will be happy to have you as a parent of one of their hand raised Greys - and will charge you less.

[birdsnreps]

oh no way would i ever pay that much....normal prices for a timneh are usually around 650-700, congos - 750-850. my friend sells weaned congos for about 800. you need to tell the store owners that you either get the baby replaced for the amount that you paid for the stolen bird, or you get your money back and take your business elsewhere. if not, threaten legal action, i bet they will straighten up real quick.

[prettybird3]

You know, I wouldn`t put it past this store to have actually sold your baby to someone else and then made up the whole story about it being stolen, just to pressure you into buying something else for more $$. The whole camera being unconnected in the area of the store the bird was in was a little fishy to me. Plus the fact that they didn`t contact you the moment it happened? And were not willing to call the police until your bf complained? None of it adds up. I wouldn`t do any business with them at all, even to buy bird seed.

[saucie]

Originally Posted by snooky17

Haha thanks Power BBS. I agree with you about taking control of the situation. My father is an attorney, thankfully, and he said that he would send them a demand letter if necessary. I got my deposit back a week after the timneh was stolen...so do you think I still have a firm legal standing?

Sorry, but no damage, no compensation. Since there would be no way for them to honor the contract, their only requirement would be to make you whole again, which they did.

[rockybird]

I'm with prettybird3. I think this was a setup. I bet they sold the bird to someone else and made up the story. No cameras, $1500 for an African grey...it all sounds fishy to me.

[snooky17]

Hey y'all! Here is the update: I ended up finding a local breeder and I picked out a congo african grey for around $800.00. Yay!! The baby won't be ready for a while because it was only 3 weeks old! I liked this breeder because she was extremely protective of her birds. She was very stern with me--she didnt allow anyone to touch any of the baby birds. Thanks so much for all of the help!

As a side note: She had two baby congos and said that one of them was sold-as I am now skeptical of bird sellers-haha- I decided to test her a bit to see how honest she was.(She told me that the person on the waiting list was coming in next week, so she would get first pick.) I offered her a lot more money if I could pick first- she replied with a cold "absolutely not"! Yes!! That made me happy! So far, so good...now I'm praying that made the right decision to buy from this lady.

Side note 2: This may be terrible, but I still want to "go after" the pet shop where my timneh was stolen---The only reason is that the down payment ($500.00) would have been accruing interest if it was in my account (3 and a half months of interest I might add!) Am I wasting my time?