That doesnt appear to be an ad to me. Just a pic of a gecko. The actual ad said it was poss female. That little portion is enough in my opinion to be certain that she was clear about its gender. And while she cant guarantee its a female yet, her price clearly shows that its not guaranteed. If it was it would sell for much more. And as for it being your call on how to react to this post, I do not disagree. Just posting my own opinion of this post. The fact is, the gecko was labeled as poss female. Had the seller read that before sending any funds, none of this would've happened. Or maybe it really is a case of buyers remorse in which case it wouldnt have mattered at all even if she said it wasnt guaranteed a thousand times. A few of you seem to be of the opinion that it wasnt buyers remorse even though the buyer hasnt come here yet.
In negotiations I find it is better to take the case you are trying to make and apply it to another case.
For example.
An ad that states, 1980's jeep. Poss running.
When you call the owner states, yes it is running, it is running perfectly. Does need some minor work, but yes, it is running. You put a deposit down on a running jeep.
Then later states, well it could run, I guess.
Does it sound like it is running or not? Should you get your money back?
Example 2.
Your girlfriend/wife/friend announces that she is poss pregnant. When you ask her about it later is says she is pregnant. You run around getting stuff for the new baby only to find a week later that she is not pregnant at all. Do you still keep the stuff? D
o you return it?
Example 3.
You are setting up a lunch party for your company. You call the cater stating that you have a coupon for lunch. The coupon states that it is a cold lunch. You ask if there is a possibility that soup or something warm could be served during the meal. They say yea, no problem. They then give you a list of what they can bring to the meal that is served warm. The day of the service you call to make sure they are on time and going to be there. They verify that they are bring cold food. You ask about warm food and they say well maybe. They show up with no warm food.
Who is to blame for this?
I know all the examples are pretty extreme. But that is the problem. This is a pretty extreme case. When you are told it is one thing that does not match up with down the road, it becomes very confusing for both sides.
I get the problem with this case. Ms. Peterson thought it was (99.99%) Female. Mr. Franco listen to the seller on what sex she thought it would be.
But when he pushed for the .01% chance to be fixed, she bulked. Mr Franco then walked away.
Honestly, this was just a case where both sides screwed up soo badly that no one is at fault here. Fault is the problem with terms of service. They only apply if you are willing to be honest and do best effort about the service.
I don't think Ms. Peterson did her best effort and was completely honest about the gecko until she got the money.
I think the buyer was looking for a bargain, got ahead of his self and did not do his best effort or was completely honest either.
This thread shows that other breeders, many that have been in the same spot as Ms. Peterson, do not believe that she was 100% honest and did best effort here. There for TOS does not apply and money needs to be returned.