Quote:
Originally Posted by vintagetoppsguy
Peter, if I sold you a card that was PSA graded and was later found out to be doctored and you decided to take me to small claims court, what would the judge say when I told him/her the card has a guarantee by the company that authenticated it? I've never been to a small claims court, but I'd imagine the judge would dismiss the case and tell you to deal with party which made the guarantee. If that's not correct, please let me know.
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The judge might also tell you to take the card back because I have a legitimate claim for rescission of the sale based on mutual mistake (the authenticity of the card), and that you can then get recourse against the TPG under the guarantee.
I'm not sure without further analysis whether the guarantee affects whether I have a contract claim against you. I suspect it doesn't. Different situation from a manufacturer warranty where I buy from the dealer subject to the terms of the warranty. Put another way, the TPG guarantee is not part of our contract.
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