A central point to this entire discussion is whether the seller accidentally had an ad up due to automatic re-publishing, and clearly disclosed that the advertised critter was not available, or whether this was a bait and switch. (This is more difficult than it seems, IMHO due to the buyer saying in writing that there was another critter he wanted from another vendor after paying, and due to the mounting drama of the buyer's description of the issue).
Anyway, as far as the post quoted above, (I realize this seller is not Kmart but I believe the quote should be addressed) here is what the Texas Deceptive Trade Practices Act has to say, below is one of the list of illegal practices:
Advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity;
In one of my posts referring to Kmart, I stated that normally they will have a disclaimer in small print that states "while supplies last".. but they are dealing with mass quantities, a large number of stores, and supply and demand can not always be kept.. this is on a much smaller scale.. but to me, same concept...
I think when people list animals online and there is only one of that animal (which is usually the case), it shouldn't be automatically assumed that they are keeping that animal listed in hopes to trick people into buying something else. People might not always be able to get to the computer to remove or alter an add within seconds of the item being sold, so there is always a chance someone will email during the process and be disappointed. Like it was stated above, no one forced anyone to buy anything at all... and the agreement was for the only male left after it was made clear that the add relisted and seller had no clue.. and snake #1 was no longer available. (regardless of who got the snake).
I can see this happening.. if my 15 year old daughter came to me and said mom, I really like "Jake".. instead of selling him, can I have him... I would most likely say yes. It doesn't mean I had sellers remorse.. It just means I gave into the request of my kid.. If seller was under the impression the add was down, when it actually auto relisted.. it would be an honest mistake.. You can see the confusion in the first emails, and the seller stated why there was confusion.. he had no clue the add was even still up.
Did anyone ask where the emails were that came before this one?
From:
[email protected]
Date: 12/11/2015 11:08:50 PM
To:
[email protected]
Subject: Message about Male Ghost 100% het Moonglow from
[email protected]
*************
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*************
I am interested in this one,
you said you would take $400 Shipped .
I can do $50 Shipped if you want to add in a Het Albino Het Anery Female.
Please let me Know ? I was not interested in the other Males .
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