Am I stuck with this mount??

[Amy]

Hey guys, just wanted you opinion on this.

There is this lady from NY that visited my home and saw a grey fox mount I had done. She loved it so I offered to sell it. She said she couldn't take it back on the plane with her, so she gave me 50% payment and said she would send the rest when she got home and I would ship the mount to her.

It has been months and she will not pay the other half. I have contacted her quite a few times. Sometimes there is no response, other times she writes back and says "please don't sell my fox!!! I'm sending payment in (such and such a date)" . And it never happens.

Normally if anyone brings an animal into the shop to be mounted, I have them sign a contract that basically states "If mount is not picked up after 30 days a storage fee is imposed - after 60 days the mount becomes my property".

Although in this particular instance things were different, I did not have her sign a contract or anything like that.

What can I legally do? I'm sure if I sold it elsewhere then I could get in big trouble for "stealing" her deposit, but otherwise I see myself stuck with a fox forever that I cannot sell and I do not keep many taxidermy pieces unless they are my special competition mounts. The lack of contract really leaves me with no answer.

Any ideas?

[Becky P]

I would think you could return her deposit, then sell it.

[Evelyn Billington (Superpig)]

What I would do is, if I get another customer wanting to buy this fox, and he/she is paying the whole balance up front, I'd sell the fox to the customer who paid me the full amount. Then you can send that deposit back to the Lady in NY and tell her due to her inaction the fox has been sold and here is her deposit back. Legally, there is nothing she can do then. You didn't steal anything from her. I'd hang on to her deposit until the fox sells just in case she does come through with the rest. This way you can't loose and you won't be breaking the law either.

[Dean]

I'm not sure of the law there but, Id' let her know she has 30 days or she forefits the deposit and loses out on the mount. Sometimes they need a little fire under them to get them to complete the sale. If your nice (which I know you are from meeting you at the world show) Give her the option of you  returning the deposit  or her to send the rest of the money. Ask if it's something she's getting someone as a Christmasguift and she's buying time so she doesn't have to hide it as long. I've run into that one before. Like I said earlier talk to her and threaten to sell it  and and lose the deposit, it usually wakes them up and gets them going.

[Scott Williamson]

The only thing I would recommend is to send any corespondents via registered letter, I see you mentioned no signed contract, and with the registered letter you have a document (if needed) that you can refer to.  I'm by no means a lawyer, but this would put it in black and white that there was intent to buy.

[Craig R]

You did write out a receipt when you accepted the deposit, didn't you?  I would send certified correspondence like Dean suggests. What do you do if a client drops off a specimen and leaves a 50% deposit, then, at a later date decides they don't want the item mounted? Do you return the deposit? This woman left the money with you in good faith and that she would send the remainder to complete the deal. Apparently, she really isn't that interested in completing the deal. Makes a person wonder if their time is worth anything. Just how much time, effort, and possible postage in certified letters, are you going to incur before it's all said and done, whichever way you decide to go?

[RLDilworth]

Amy, send her an invoice via registered US mail. State balance due by xxx date. If she is unable to pay. Refund the deposit amount to her. Be polite but firm.

[Amy]

Thanks guys for your help.. still not sure what I'm going to do. I guess I'll just wait a little longer and see if she comes though.

I really don't want to refund the deposit, and have to go through listing it on Ebay and trying to resell it again. If a customer brought in a fox to be mounted and would not pick up their mount once completed, we would never give them back their deposit and just try to sell their fox somewhere else. I didn't see this case as any different, other than that she did not bring in the fox to be mounted.

[acvtaxi]

You have made a great effort to do the right thing, what I would do now is if someone wants to buy the mount sell it and don't contact the person that gave you the deposit, if she finally contact you tell her sorry but the mount has been sold give her a refund and take off what you spent in your time, and if she dosen't contact you made some extra money.

[Dan Gill]

tell her you are going to sell it, but will credit her deposit toward another fox like it when the balance is paid. sell it, then when the balance comes in get another fox, and mount it for her. I guess she could say, "but it aint the same". everything is for sale, and we can always get more.
     Dan Gill

[EJ]

Amy,
        Can I ask where and how you got the Fox?

[David Patton]

Good question EJ. I think most NC taxidermists know better than to sell foxes without knowing where and how they were taken. Fox laws in NC are dependant on where the fox was taken. Either they can't be bought or sold or they have to have provisions from the NCWC. In Iredall County, the line divides at I-77.

[Amy]

This was not a local fox -- I know better than that! Geez guys It was aquired from a fellow taxidermist in New York, who often supplies me with foxes since they are not legal to hunt or trap in most areas of NC. All documentation and contact information is there along with the fox.

[David Patton]

We just don't want one of NC's finest in any dispute with our good friends at the Wildlife Commission. They do monitor this site.

Here is the best source for NC fox laws. Once there, go to the Regulations sub topic for the fox laws.

http://www.ncwildlife.org/fs_index_04_hunting.htm

[Amy]

Thank you David, I totally understand and I appreciate your concern.

I have decided to keep this fox in my personal collection as well as the deposit. If she ever decides to contact me then we will take things from there.