Sure, it's called buying it. They're only 9 bucks. I mean that honestly, not trying to be a dick here. If it's available and you want it, it's best to buy it then and there.
I definitely understand your pain though, I've had many times where I've spent a few hours researching domains and I've finally settled on the ones I want to buy only to have one purchased a few minutes before. It's frustrating.
If it's one you really want, check back in a few days on the off chance that they've dropped it for a refund. It's rare, but it happens. Put it on the list to check in a year and see if they're letting it drop. You could also try emailing the guy today and offering 40 bucks and see what he says.