I'm not a lawyer, but I play one on chat boards. Actually, I did have a year of Business Law in college. The answer to Jon's question "Why is the auction house held to a higher standard?" is simple. Because they're an auction house!! They are professionals in their field. Their level of knowledge is assumed to be greater than a layperson's. If this case went to court it would be VERY unlikely a judge would side with the auction house, assuming she made NO False claims about the ball and it was sold "as is".They are supposed to know what they're doing- it's their business. That said- 1. How do we know the ball is NOT authentic? The authenticator is only giving "an opinion". 2. How do we know the auction house didn't pull "The Old switcheroo"?
As for a moral obligation to refund the auction house? Maybe. If, she can get a refund from the charity auction. As for a legal obligation to refund the auction house? I don't see it.
Last edited by bobbvc; 02-26-2010 at 03:43 PM.
Reason: edited to add- I guess Barry beat me to the punch....
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