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Old 02-19-2011, 08:46 PM
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nolemmings nolemmings is offline
Todd Schultz
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Join Date: Apr 2009
Location: Phoenix
Posts: 3,737
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Well this sure has been fun. I started out warning you of a seller who was unresponsive, which was followed by evidence (and I have more)showing him to be questionable, and now I see it's back on me. That's fine, I'll deal with it in my own way, and I thank those who have supported me, although again, that was not my purpose in posting.

Peter, sorry to disagree, and I repeat my statement that SGC is in many ways irrelevant here. If I stand here before you and swear that card was trimmed and can prove it, then the seller sold me an altered card, not measuring up to the minimum expected in the hobby, regardless if I ever sent it to SGC for a second opinion. The seller at least implicitly warranted that the card was authentic and unaltered, and if I can prove otherwise, he is on the hook as far as I'm concerned. It wouldn't matter if it was an SGC card that was trimmed, or PSA (gasp). If I can prove it was altered, seller loses, unless at a minimum he can show he expressly disclaimed alterations and had no knowledge. Again, that is because anyone buying a graded card has a reasonable expectation that it is authentic and unaltered--unless expressly stated otherwise. I'm confident the law will back me up on that. So assume for argument it was an SGC card and PSA said it was trimmed-- if I can convince a trier of fact that the card was altered, under these circumstances I should win. That may rock some people's world, but that is how it would play out, IMHO.

Now the reason no one ever analyzes this more fully, in my opinion, is because they immediately leap to the conclusion that I cannot "prove" a card was trimmed unless some certain number of experts backs me up-- I love the earlier post stating that it's currently tied at 1-1. Cards are rarely worth the trouble and expense of litigation, and many here are not lawyers. They lick their wounds and chalk it up as a lesson, often blaming themselves. Me, I don't lay down. If you sold me an altered card, I will do what I can to undo your damage, simple as that. If a court does not believe I have proved my case, then I lose--no surprise there. I'll take my chances, and I have a pretty fair idea of what I am doing.

I hope to later post as to what I think should happen in the marketplace, but I recognize that few people ask my opinion and that I will not likely be a great influence on the matter in the long run. At this point, I would only state that when I sell, I offer a minimum 20 and sometimes 30 day return privilege, no questions asked, so long as the card is returned in the condition I shipped it. I would extend that even longer if reasonable or if that's what becomes normal in the marketplace, because I stand behind my sales. IMO, sellers need to learn that this is good business practice, and that if you've avoided it thus far it is more likely because people did not want to incur the hassle than any kind of legal or moral notion that you are in the right to get away with selling crap. The law will catch up with you eventually, and ever-growing consumer protections will make right what is right.
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If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other. - Ulysses S. Grant, military commander, 18th US President.

Last edited by nolemmings; 02-19-2011 at 08:49 PM.
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