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Old 02-20-2011, 09:27 AM
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Ed Hans
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Join Date: Apr 2009
Location: Buffalo, N.Y.
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Default Re: Beware Carterscards2006

Lee,
It was a mid to low grade group of T205s. It was sometime last fall.


Quote:
Quote:
Originally Posted by tiger8mush View Post
So if I won a SGC numerically graded card from a Brockelman & Luckey auction and sent the card to PSA (in the SGC holder) and it came back as trimmed, should Leon give me my money back?
anyone?
The answer is yes. If the card is trimmed, the holder and any warranties, guaranties or disclaimers are irrelevant. The seller is responsible for the product he sells. The product under warranty is the card. The holder is merely one man's opinion of the authenticity, originality and grade of the card. Errors can, and have, been made. Sellers cannot hide behind grading company's mistakes. It's the duty of the seller to make the buyer whole and pursue any claim he may have against the grading company.

In the case of the 57 Banks, Tony listed the card as a PSA 7. By not expressly disclaiming that grade, he warranted that it was in near mint condition. If David could prove that the card wasn't in near mint condition, he is entitled to a refund. As a practical matter, that burden of proof would be exponentially more difficult than a trimmed vs 7.5. Another TPG's rating of EM6 would probably not be sufficient proof in this case.
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