Quote:
Originally Posted by OhioLawyerF5
I brought up Walmart as an example of the principle I was explaining. And the legal principle I set forth applies to them as well. They are not treated differently than anyone else. However, they choose to do things differently for their own reasons, namely the one I gave distinguishing them from a private seller. But that doesn't mean the legal principles don't apply to them.
You are terribly misstating my argument. I never once said Walmart is held to a higher standard. In fact, it's the opposite. I used them as an example because they aren't held to a higher stadard. I distinguished their circumstances because you tried to use them as an example, falsely equating the circumstances and reaction to applying their legal rights. As is clear in this thread, one might choose to forego exercising a legal right they have for various reasons. Walmart, as a large public retailer, has different reasons to forego that right than a private individual selling personal property on an internet message board. If you can't see the distinction, then I don't know what to tell you.
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Maybe I'm slow. Is the distinction then the fact that the sale is being advertised over an internet message board? What if the seller has a one-man, brick and mortar shop, and he's selling the same card. First customer walks in, points to the card in the display case, and says, "I'll take it for the price on the sticker."
We have established that the seller doesn't have a legal obligation to sell anything to the customer. Is it your argument, however, that the seller would be acting in accordance with community standards, if he declines to sell it to that customer, but then sells it instead to the next guy who walks in and also offers to pay the full listed price?