The way things have gone in the past is that first declared is first in line, but this isn't a TOS thing, just how it worked.
If any of the people before you bow out you are next in line, so on and so forth.
And no, this is not E-bay or Amibay so the seller very well could change his mind on how he does his business.
The only thing I would warn you all is that overwhelming him with PMs begging/pleading/begging/etc would be considered spamming and that IS against the TOS. So play it cool, wait for your responses and it'll all work out.
For what it's worth, I've been looking for one of these for years!

I guess I missed out too...