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Posted By: Paul

The lot description specifically recognizes the fact that cards usually cannot be deemed "unique." But it then goes on to say that this case is the exception and the seller has done the research to prove it. I'd say that's a huge point in the buyer's favor in any lawsuit, even though I agree that any buyer who believed the description was guilty of a little wishful thinking.

I also think that the fact that T5s typically are NOT unique is another point in the buyer's favor. If an auction house said that an Alpha or an Allegheny was unique, every sophisticated buyer knows exactly what that statement is based upon, and knows that there is some small possibility of duplicates showing up. But there is no similar story of uniqueness behind the T5 set. So the seller's claim of "due diligence" adds something to the equation. It tells buyers that the seller has done some research on this specific card that is not widely known and that this research has led the expert seller to the conclusion that the card is unique.