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Not being a slabbed card collector I am unfamiliar with the legal obligations of grading companies and don't know what if any disclaimers and/or damages limitations language is contained in their submission form.
Here's my question. I buy a PSA 8 T206 Cobb for $150k. I subsequently CONCLUSIVELY establish through advanced forensic testing that the card was altered in such a manner that it should have been graded an "A". Am I entitled to receive damages from PSA and if so, what would they be? It would seem to me that if PSA is on the hook for the $150k I paid for the card (and in return PSA has the right to resell the card (this time graded "A") and keep the sale proceeds), they have one huge contingent liability on their balance sheet. If I am correct in my view that the (great) majority of many types of N and T cards graded 8' and higher are altered, which alterations could be conclusively established through sophisticated forensic testing, PSA potentially could be wiped out. Am I wrong in this assessment? |
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A: PSA guarantees that all cards submitted to it shall be graded in accordance with PSA grading standards and under the procedures of PSA. If PSA, in fact, concludes that the card in question no longer merits the PSA grade assigned or fails PSA’s authenticity standards, PSA will either: 1) Buy the card from the submitter at the current market value if the card can no longer receive a numerical grade under PSA's standards, or 2) Refund the difference in value between the original PSA grade and the current PSA grade if the grade is lowered. In this case, the card will also be returned to the customer along with the refund for the difference in value. |
Corey I am sure their auditors must review and approve of their reserve for the guaranty, it will be interesting to see if recent events affect that. I've always thought it was a time bomb and expected them to someday revoke it. Of course they do have control -- they have to agree with you.
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Yes, it seems PSA self-insures for their Grade Guarantee rather than pays an insurance company for protection. In their most recent quarterly stockholders report, they stated they increased their reserve fund to cover a predicted increase of grade guarantee liabilities.
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Will it bankrupt the company? Probably not. But it may hurt their stock price and increase costs of grading in the future to cover the losses. |
It's an interesting issue. Continuing with the same example, suppose I waited 15 years before submitting the card for forensic testing, during which time the spread between an 8 Cobb and an "A" Cobb increased from, say, $20k to $125k. Could PSA argue I had a duty to undertake the testing years earlier (assuming the forensic testing method was commercially available during the entire 15-year period) and accordingly their exposure should be limited to $20k? By this line of reasoning, could they argue the statute of limitations has expired such that I am barred from collecting damages altogether?
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What a mess. |
In Corey's example, what if PSA refused to agree with the forensic determination? What if they responded that they've reviewed the card several times and that in their opinion their grade of an 8 was completely justified. After all, it's an opinion, not a fact. It might be really hard to prove that they got it wrong.
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"If PSA, in fact, concludes that the card in question no longer merits the PSA grade assigned or fails PSA’s authenticity standards, PSA will either:... "
Isn't this really their 'out' here? The card could easily be deemed authentic (or not), but PSA still could 'conclude' it 'merits' the grade given, right? :rolleyes: |
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1. That [Defendant] made a material representation (that the card met the requirements necessary to receive the assigned grade); 2. That it was false (that the grade is inaccurate due to alterations); 3. That [Defendant] made it when [he/she] knew it was false, or made it as a positive assertion recklessly, without any knowledge of its truth (that during the grading process, the grader should have or did have information indicating that the assigned grade was incorrect); 4. That [Defendant] made it with the intention that it should be acted upon by [Plaintiff] (by far the most problematic element IMO, although intent can sometimes be inferred from the circumstances surrounding the transaction); 5. That [Plaintiff] acted in reliance upon it (they purchased the card for the going price in reliance upon the assigned grade); and 6. That [Plaintiff] thereby suffered injury (because the condition of the card was not that portrayed by the assigned grade, the purchaser lost money). That might possibly work against the grader, assuming you can satisfy the discovery rule for statute of limitations purposes. It would admittedly be difficult. At least here, the discovery rule doesn't generally apply to contract actions so you would likely be out of luck on a contract claim after the statute ran. A fraud/deceit claim is probably not great against a buyer who then resells it, since the knowing/reckless element will almost never be there. I would guess that's more a breach of contract/warranty issue, with that seller then having a potential indemnity claim against whoever he/she/it got the card from back up the line, subject to any applicable SOL. Yes, what a mess. |
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In the matter at hand, it has been alleged the person who actually graded the card knew it was trimmed and expressed such. Whether that is true and if it is can be revealed during discovery, that is another question. If though that can be established, then the action for fraud would seem to be viable -- except though for the SOL problem, as the allegations the card was trimmed and PSA always knew that have been out there for a long time. |
I don't think most juries understand or even care about the distinction between preponderance of the evidence and clear and convincing evidence. I've tried some cases with two or three discrete claims (breach of contract, bad faith and fraud), lost some or all of the claims which only required a preponderance, yet still won the fraud claim under a clear and convincing standard. Go figure.
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It doesn't feel like a fraud claim to me. It feels more like a warranty claim. I think it would be impossible to prove that PSA graded the Wagner card or any other card intending to harm some unidentified buyer somewhere down the line. The much more straightforward claim is that PSA made an express warranty that its grade was correct, intending subsequent buyers to rely on it if that's even important, and if you can prove it wasn't an accurate grade, that seems a breach of that warranty.
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As for statue of limitations applying to PSA's warranty, they do not have a time limit set in their warranty for such claims. So in a court of law would statute of limitations even be a defense?
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I would think, if that is indeed what is happening, PSA may even be able to go after them (in addition to banning them from submitting as per PSA's terms. |
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Regardless of the term used, and i agree with both of you, I don't know why this doesn't seem to have been more a focal point of discussion concerning the Wagner card. If I am correct on my facts, the card was never better than an AUTH.
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I think it's easier for people to get their heads around it being a simple trim, than the odd distinction of having been cut twice after leaving the factory.
There may also be a small bit of selective ignoring. I don't like to consider whether it was a complete sheet, or only a portion, and what was lost in the cutting. I do sometimes, but I can see someone else simply refusing the concept to avoid considering it. I do hope that someone somewhere along the line took a picture of the uncut sheet/fragment and that it will someday turn up. Alternately, learning that it was a scrap sheet brought home or found in ALCs trash and cut by some kid at the time would be nice. |
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From what I heard, there were other cards Ray had besides Plank and Wagner that presumably came from the same sheet. I have never heard of the existence of an image of the sheet before it was cut. There is a photocopy of the Wagner card as it looked when Ray sold it. I had a copy but when I last looked couldn't find it. I don't recall it being grainy, and I clearly recall a bow shape on I believe was the right border that is no longer there. So unless someone is to argue that image depicts a different card (which would not be a credible argument), IMO the card can conclusively be determined to have been trimmed. Then one can add to this evidence the admission by the trimmer, as well as borders that have the physical characteristics of a trimmed card.
As I said earlier, the fact that that is the cover card of the hobby and is listed in the registry as an 8 Wagner says all one needs to say about the real world of this hobby, as well as the notion that a high number grade on a tobacco or similar vintage card can be relied on to bear any correlation to the true condition of the card. I will add, and this is from the perspective of a person who attended card shows in the late 60s and early 70s, that I have no recollection of seeing anywhere close to the number of high grade tobacco cards one sees at current shows. Finally, simple common sense at least to me screams out how unrealistic is the idea that a card 110 years old issued as an insert in a tobacco box in an era when it was likely much more difficult to properly preserve paper items could possibly have survived as a10 (or maybe even a 9) today. |
There is in my mind no doubt the card is trimmed. My thought is that it isn't particularly important given that pre-trimming it wasn't gradable anyhow. I think, unfortunately, your observation about high grade tobacco cards may be true for a lot of issues post-dating tobacco cards as well.
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I think over time our eyes adjust and cards that once looked a bit short start to look normal.
I think this is especially true for the E cards. |
Peter,
I will never forget an encounter I had in the mid-80s with an experienced collector/dealer who was looking for a particular '33 Goudey card for his personal collection. He was a high grade collector. He finally found the card at a show that I attended and showed it me. I remember taking note that while the condition was very nice, it clearly looked like a card 50+ years old. In my mind it was an ex-mt plus to maybe as high as nr-mt. It was not higher, and that was based on the more lenient grading standards of that era. I remember at the time asking Alan Rosen if he could find me a very high grade '33 Goudey set (minus Lajoie) and what he would charge. After thinking for a moment he told me how difficult it would be to find such a set and how expensive it would be, but if he had one he would charge $4k. That was the hobby then and what at least my expectations were as to what a high grade card would look like. Compare that to what one sees today at shows/auctions coupled with the tremendous price differential between grades and perhaps one can understand my skepticsm that such cards haven't been worked on. |
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And yet nearly every time a high grade high demand card comes up at auction, it sets a new world record. It's a disconnect that no matter how many times we discuss it I just can't accept. Are the only people who recognize that something isn't right here the posters of Net54? Is everyone else oblivious?
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I've asked this question naively a few times how cards stayed so pristine that are 50 to 100+ yrs old, and although I have been told cigar boxes and in between pages of large books/encyclopedias, I have a hard time accepting the fact that so many back in the day were treated like this.
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I guess I have different DNA, or something, because I have to be completely frank: I wouldn't touch that stuff. Recognizing I couldn't tell the difference between a genuine 8 and an altered 8, I'm running for the hills. To each his own.
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I am fairly positive some cards were kept pristine by being lost and/or not handled. However, I don't think that number scratches the surface of how many we see today. Apparently there are more high grade vintage cards being made every day.
IMO, There was no need to try to redefine what the hobby already accepts and doesn't accept, concerning alterations, and I told Brent that. He should also, immediately, distance himself from any known card doctors or trimmers (really from day one but it seems that ship has sailed). It is a shame too because I still feel PWCC is doing some great stuff that will help the hobby mature. People have also taken a lot of things out of context. Brent feels trimming is bad. He feels flattening a card and trimming it is bad. He feels using a solvent is better than water as water can be more damaging, he states. I told him that the hobby has tacitly accepted water but nothing else. SO there you have it, a conversation that probably didn't need to happen but ...it has. Quote:
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Let me state that more strongly. If Brent felt all those things were bad, he would have stopped doing business with certain people a long time ago. God knows he's been called out on it multiple times. But he didn't. |
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I obviously don't know all the details involved or how many stories go back further than then, but from what I have personally read here alone is enough for me to steer clear of them. I am a low $$/profile collector so I know I am not missed one bit nor do I affect their bottom line but I believe, and have always believed, that dealing with questionable entities or people does nothing to make them change their behaviour. |
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To be clear, altered cards are so rampant that they probably infect everyone. If you inadvertently sell some, well, it sucks but I wouldn't blame you. But it's something else to knowingly accept cards from people who you know or have strong reason to believe are doing the altering. And in my opinion and to some extent knowledge, many sellers are doing just that and have been. There are people who would excuse that on the basis that the card is slabbed, so it's all PSA's fault, but I don't buy that for a minute. |
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Speaking of spin, an oldie but goodie. Posts 76 and then 78. Brent claiming he had never heard before the Net 54 thread of anyone questioning his scans, and me pointing out that just months before he had posted a long defense of his scans against claims of manipulation on the CU Board. Sigh.
http://www.net54baseball.com/showthread.php?t=177348 |
The entire PWCC thing is a train wreck, but...
I'm really surprised at the level of forgiveness here, and "turning a blind eye" towards PSA for their role in this nightmare. These are ridiculous and obvious mistakes that they are continually making. Hard to believe these are all just unfortunate oversights. Yet only a tiny percent of the conversation is directed towards them. I suppose it's because most people here own a slew of PSA graded cards, and want to maintain the integrity and value of their investments. But I have seen countless discrepancies in their numerical grading, and wish the entire system could be revamped to a system like Corey S. suggested. It will obviously never happen now that we're so far down this road. But suffice to say many/most of the people on this board could do an equal or better job than these "professional graders". And even with that, beauty is in the eye of the beholder. I guess a majority of people need someone else to legitimize the worth of their collection. :( |
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You want us slabbing cards. You NEED us slabbing cards. |
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http://www.net54baseball.com/showthr...=268541&page=2 |
Yeah.... that was a great post!
And just for the record, Jack Nicholson was finally brought down in that classic film. |
Well if you read the stockholders info, their warranty claims have exploded in the last two years, so maybe they'll start investing refund money in avoiding refunds? (Meaning better grading)
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Altered cards are like HPV.
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Before they come to auction I think down the road the very expensive cards will be more closely and seriously examined for alterations, likely by a new service, and the provenance of high end cards will be taken more seriously. Cetainly, for a $100,000, or even $40,000 card, this would be quite reasonable, and, perhaps some day, the norm.
Interestingly, with the T206 Honus Wagner sales, the provenance (history) is usually pretty prominent in the description. I suspect things will change, at least for the extremely expensive cards. Duly note that with art and artifacts, there are scientific devices (call them 'ultra advanced blacklights') that are used to test the molecular structure and can identify all the chemicals and compounds. They are so advanced that not only can they identify a real diamond, they can tell you, by the molecular tests, where in the world they originated. I write for the SABR baseball card committee, and it could all start with a serious article on the topic at SABR. |
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I suspect the last thing a seller of one of these recent no-provenance-come-out-of-nowhere cards would want is to do such an analysis for fear what it might reveal. If I was selling raw high-grade vintage cards worth big $$$ that I had reason to believe were not worked on, I would feel a strong incentive to undertake such an examination before or even instead of submitting the card to a TPG. I would then be in a position to credibly make the claim that my "slab" does in fact reveal all that was (or, from another perspective, was not) done to the card. If it was really high grade I likely would want it numerically graded by a recognized TPG, but presumably that grade would mean a lot more if accompanied by the report from my forensic analyst. Should this ever become the norm to sell raw and/or no-provenance high grade vintage cards (and also condition-rarity post war cards), potentially it could have major implications for TPGs and the hobby, given my belief that most of these cards that have no provenace have been worked on. How much of this can/will happen depends I suppose on how much alteration can be conclusively exposed by forensic analysis. |
There was a very rare 'missing text' T206 that had a scientific examination to determine if the text had been artificially removed. I assume in response to the examination that concluded there were no alterations, PSA entombed it. Scott Forest and I were the ones who did the 'Pre-grading; examination.
So it can be and has been done. |
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While I have to take the experiences of longtime dealers into account, I just can't totally buy that there were so few high grade older cards back then. I've been into things since .. figure 78, since that's when I went to my first show.
Very high grade prewar cards weren't common then, but to say they're common now is a bit of a stretch. Looking at the pop reports, which may be slightly high For T206 PSA 8 8+ 9 10 2394 61 278 13 Qualifiers 8 129 9 40 Total graded - about 237,000 2915 is a bit over 1% (1.22) SGC. (Incomplete as the pop report doesn't list 350-460 piedmonts, or at least didn't find them in the search - Yeah, it's really bad. ) 8 167 8.5 43 9 28 Didn't do a total. It would have taken way too long. That's not really all that many, especially considering how many out there that are mid grade or lower just aren't graded. What is probably happening is that those high grade cards get more attention, and probably are for sale more often. (I'm amazed how often you guys move cards along, many of mine have been with me for 30 + years) That doesn't mean that the high grade ones aren't altered, but the number of them out there is actually pretty reasonable. The best I graded myself is a 7, and that came from a collection that arrived at the dealers in a box, like nearly all of them did in the early 80's. I had it in a sheet, then a screwdown, and eventually a toploader and penny sleeve. |
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Today when vintage packs are opened and cards are pulled, do you notice the care that is taken to do that? And we are to believe such care took place a century ago when cards had NO value? Don't take my word for it. Blow up the borders of vintage 10's. When I do I see shavings or uneven borders. And I'll wager that if there a difference between the chemical composition of untrimmed borders exposed to the elements for 100+ years and trimmed borders exposed to the elements for only a few years, which difference can be revealed by advanced forensic testing, all T206 10's would be shown to be altered. I remember in the 1990's a respected old-time dealer displayed on his table altered cards, identified as such. To my eyes, they looked totally natural. That dealer displayed them to portend the future of the hobby. I believe he hit the nail on the head. |
Nah. Everything's good and on the up and up. Just ask some of the pundits here. Or ask PWCC. Assuming that there were ever any shenanigans going on, with that auction, they have now solemnly vowed to fix it. If those high grade cards (with the stickers) weren't on the up and up and they agree (which I am sure will often occur), they're going to take care of it. Seriously. LOL.
I have been around shows since the mid-1970s. I frequented the local card shops around Temple City (just south of LA) religiously from about 1976-1979 when I went to college. There were three shops close to me. Back then they all had early cards. My brother and I were into the history of baseball and quickly got into the early cards, T206s, Goudeys, E-cards, the occasional N 172, etc. At that time, of course, nothing was graded. This is anecdotal, but I don't recall ever seeing even one card as sharp as those that are, at least in a relative sense, fairly prevalent now. Had I seen such a card, I would have bought it if I could afford it. I have none. Nor did I ever find such a card that I couldn't afford as a kid. My cards from back then are 2s to maybe, if I was lucky, a 5. Not a 7, 8, 9 or 10. They didn't exist back then. They do now. Why is that? |
I don't think kids in 1909 were looking to preserve cigarette cards in mint condition for posterity. That wasn't the mindset at all. They were handled and played with. Some were put away in decent shape, of course, but not pristine.
There are outliers, like the Southern find or Black Swamp find, but these were kids living in a rough and tumble age. Handling cigarette cards with white gloves was for sissies. |
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Certainly since no high-grade prewar was prevalent in the 1970's or earlier - there have been finds and additional attics cleaned out which yielded additional cards. But enough to stock what we are seeing now and all or at least a lot of them in really high grade? I just don't buy it.
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Just a couple of questions worthy(?) of another thread
There are certainly Net54 consignors to PWCC.
Can any of them come forward and verify that one of their consignments, that they truly believe is unaltered and unconserved, received a sticker from Brent? Or are the stickers reserved for the select, elite (?) consignors? |
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