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Misrepresentation of tortoise value Consumer Fraud

Discussion in 'Consumer Fraud & Scams' started by Ronhat2, Oct 31, 2016.

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  1. Ronhat2

    Ronhat2 Law Topic Starter New Member

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    Jurisdiction:
    California
    I purchased 5 Critically Endangered tortoise for a young woman in California. We had talked to each other and agreed on a price which would have been appropriate if they were healthy. She had only had them 3 months. Upon arrival, I notice that at least three of them were sick. One critically ill and I had talked to her about them being sick and she stated that they were all healthy when they were shipped. I asked her to make restitution for the sick animals and or I can ship them all back for a a full refund. She stated that since I had purchased insurance that I should get the money from the party that I had obtained insurance. The insurance was such as the would be delivered on time and alive and they had indeed completed their task appropriately but she did not. So she no longer corresponded to me and will not answer the phone or email or messenger. From what I can see it is theft through deceit and or misrepresentation. The one died within 12 days and from the necropsy performed by OSU, Ohio State University that at the young age of a little over a year from dehydration and poor nutrition. I have attempted to get a hold of her parents but they also will not respond to email or telephone calls.
     

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  2. army judge

    army judge Super Moderator

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    Even if you had a case, doing anything about it through the court suystem is nearly impossible.

    The seller lives in CA.
    You live in OH.
    If you plan on suing her, off to CA you must go.
    In some cases you MIGHT be allowed to plead your case via an internet connection.
    That will be up to the judge or hearing officer.

    The other problem for you is that it is illegal to sell "small turtles" (that includes tortoises, too) in CA, and the other 49 states, too.

    Sell can be interpreted to mean trafficking, or buying.

    You could complain to CA law enforcement, federal law enforcement, or Ohio law enforcement.
    I suppose you'd approach the state fish and/or wildlife service, same with the feds.

    Small under CA law is any turtle/tortoise: the carapace length of less than 4 inches shall not be sold, held for sale, or offered for any other type of commercial or public distribution.

    The entire law:
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    Four-inch Regulations - California Turtle & Tortoise Club
    ..
    ..
    ..
    Furthermore, such selling of a turtle/tortoise with a carapace under four inches is illegal under federal law:
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    Salmonella and Turtle Safety

    You might want to forget this entire matter.
    That said, this is not my circus, nor are my monkeys involved.
    Good luck.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Assuming for the moment, that you actually did buy them legally, unless you got a written money-back warranty as to the health of the tortoises, you bought them AS IS, just like buying a used car from somebody who touts it as being in great shape and it turns out not to be.

    Any money you lost is your tuition for a life lesson from the school of hard knocks.
     
  4. Ronhat2

    Ronhat2 Law Topic Starter New Member

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    So far there isn't a dime or nickle of any information here. Just remarks with little or no thought put into it. The tortoises were bought legal and there is an educational clause in the law. Every country has their archaic laws.
     
  5. army judge

    army judge Super Moderator

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    Great, I'm closing the thread and suggest you hire a lawyer.
    Why?
    Unlike buying/selling smallish turtles, which breaks state and federal law, we don't give legal advice.
    You seek legal advice, hire a real, licensed lawyer in Ohio; because legal advice from lawyers isn't dispensed for FREE over the Internet.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Just what were you expecting? Some magic words that you could chant while dancing naked around a fire in the woods that would compel her to send you your money back? Well, we're fresh out of those spells today.

    You got the only advice that anybody's going to be able to give you.

    If she won't voluntarily give you your money back, you'll have to sue her for it. Which could be problematic because you didn't get a warranty and you bought them without inspecting them.
     

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