Quote:
Originally Posted by bk400
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?
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It is certainly much more accepted that a small business owner has the right to refuse service to anyone (as evidenced by many small shops with signs stating just that), than the largest retailer in the world refusing service to someone. So yes, you could say "community standards" play a part in why one might not choose to refuse to sell to someone. But community standards will apply less and less the smaller the seller. Walmart does things a certain way because that's what's expected from them. A small business does something a certain way, base more on what they want to do than expectations, but they certainly have to be concerned with public perception. A private seller on a message board, who isn't in the business of selling cards, is less concerned than anyone with those things and has the most freedom to do things how they want. And again, they should be able to refuse to deal with anyone on the board who they don't want to have to deal with. There are many reasons why they might want to exercise that right. And it's none of my concern why they chose to do so.
02-24-2025, 08:18 AM
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