At no time did I state I broke out the card, because I did not. It was submitted as received.
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Fact of law - the transaction ends at this point. No warranties or guarantees were made or implied.
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Please don't explain to me your "fact of law". I am well aware of my burden of proof, the elements I must show and the evidence to get there. And yes, there was an implied warranty that the card was in fact unaltered, regardless of subjective numeric grade.
It was no coincidence that seller proclaimed the card as being a very early GAI submission. It is widely known that GAI's grading abilities were most respected when Mike Baker was overseeing the grading there, and that he stopped doing so after the company got up and running. This seller's representation was made to give some assurance that the card was graded during "the good years". I am not convinced it was, as the serial number is higher than any other of the handful or so GAI cards I own.
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Personally, I find it surprising that you are making such a fuss about this. It would be interesting to know your motivation for resubmitting the card for grading? Lastly, I wouldn't bother pursuing a lawsuit here, in my opinion you will end up being countersued and most likely be on the hook for at a minimum court costs assuming you have listed all pertinent facts that could be viewed in your favor.
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Really, you don't see the fuss-- I just got taken for a grand. Tell you what, I'll sell it to you for the ebay price, then I won't fuss anymore. My motivation for regrading is interesting? What difference does that make? You think I wanted to create this situation? Countersued? For what?
And Ed, it is curious that you got a second chance offer from this guy just hours after auction's end. It is also curious that an ebay "buyer" has bid on this guy's product 131 times in 30 days, 97% of his overall bids. I am investigating what other curious items exist for this seller, who promotes himself as #1 in customer service and quality product and who then won't respond to his customers at all.