Legal Question in Business Law in Illinois

I bought a snake online from Florida and had it shipped to my address in Chicago. Now the man will not refund me my 4500 or give me a replacement snake. The snake was intended for breeding purposes (more expensive baby snakes) and he has refused to talk to me even after I have proved that the snake was dead on arrival and he promised arrive alive and a 6 month warranty.

Furthermore, he packed the snake inappropriately (which led to its death) and flip flopped a few of his requirements when needing to get proof. First it was photos (I took a dozen photos and a movie) then he wanted the body back.


Asked on 4/12/12, 5:38 am

1 Answer from Attorneys

First you will need to preserve the remains because destruction or impairment of evidence in the event of a lawsuit can result in defeating your claim because the seller could contend he no longer has the ability to have the cause of death determined forensically. My suggestion is that your next step would be, if the remains are capable of such examination, to take them to a licensed vet with all the packing, etc., for an opinion of cause of death, and present it to him. If he is willing to refund your money (and he should have some insurance for this purpose and your shipment should have been insured!) then you may be able to return the remains in exchange for the refund but I would suggest having an attorney here "middle" it. If he still refuses you will have to sue him for breach of contract and breach of warranty. If you sue him here and get a judgment you would have to register the judgment in Florida and pursue collection there; if he contests your right to sue him here you may have to start over there. You can also try to sue in Florida directly but of course would most likely have to hire an attorney there and travel there for any court hearings that require your "live" appearance and testifying. You may be able to sue in federal court here, or there, depending on the species. Have an attorney review the order information and confirmation, the species and the terms of the sale to determine where you can sue and whether you would be entitled to attorney fees and court costs.

Read more
Answered on 4/12/12, 11:14 am


Related Questions & Answers

More Business Law questions and answers in Illinois