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Originally Posted by 1952boyntoncollector
Actually you can. Thats actually a valid legal defense. It doesnt mean they win but it shows its far from scam behavior. Experts can be hired to argue those points for both ways. People lose tons of money and time pursuing cases in which maybe in 10 years they could of been right. Tell them dont worry it will take time for there to be a new standard even though they have now lost everything.
Again, when you buy anything at an auction house, do you expect them to disclose if a card was soaked prior to submission? You will say no.
Do you expect an auction house to disclose if a card is micro wrinkled that you may not be able to see from a photo? You will say yes.
You also didnt comment that its common practice to do due dillgence on a 50k card. A 5 minute google search would of resolved that. I dont buy a used card at a dealership and rely on the dealer to tell me everything about the car. There is an industry standard.
As an analogy, I may have caused your auto accident, but if you are only injured because you did not wear a seatbelt, you are to blame.
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The law will attempt to defend righteousness, but being lawful at all times isn't always righteous. My guess is you are a lawyer, so I completely understand why you may be blind to that fact. I believe relevant facts about items should be disclosed. It is good for both the seller and buyer to eliminate confusion on items by providing clear communication about the items state. If their pictures are not clear enough to disclose what can be found out by holding an item in your hand.
We both know that "As an analogy, I may have caused your auto accident, but if you are only injured because you did not wear a seatbelt, you are to blame." is a moronic statement and is an flawed analogy. If I am liable for your injuries I may argue that if you had worn your belt your injuries would have been a lot less severe. Wearing your seat belt is the law, much like not doing whatever caused the accident makes me liable.
You can stop playing word games. That only works in the court on stupid people.