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Old 06-11-2019, 01:05 PM
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Jason S!m@nds
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Join Date: May 2010
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Quote:
Originally Posted by drcy View Post
It is perfectly legal to trim, recolor and "conserve" a trading card. The illegality is when known the financially material alterations are not disclosed.

Most people sell a graded card by what the holder says is the grade and the buyer, and that, of course, is perfectly fine and normal. However, if you happen to know that a numerically graded card is actually altered, you legally have to disclose that. It would be considered fraud if it is proven you knew and didn't disclose. So it is fine and normal to defer to the TPG's opinion at sale, but the TPG opinion isn't a cover if you know that opinion is wrong. I'm not, of course, not talking about a generous grade (A VgEx for a Vg card) but when the seller knows for a fact that, despite what the label says, a card has been altered, the label's identification is obviously incorrect (a T206 Heinie Wagner accidentally labelled a Honus Wagner) or the autograph is a forgery. A PSA typo does not allow the seller to sell a Heinie Wagner as a Honus Wagner, or a $5 bill as $500 bill.
What do you define as financially material? Who can define that? The buyer? A reasonable buyer? Hobby norms?

Hobby norms generally accept erasing a dealer's pencil mark "$5" from the back of a postcard, right? Many collectors are fine with removing wax stains, but others aren't. Most people here are fine with soaking cards.

I've never seen any of these things disclosed on the BST here, have you?
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