Quote:
Originally Posted by Leon
If you know something is altered and don't disclose it, and you know you are supposed to disclose it, then I would say that could be fraudulent....but you are the lawyer. 
If you didn't know to disclose it and didn't disclose it, would it be fraudulent? ...That is the question. (and I am not saying the buyer did or didn't know to disclose it) |
It's not a valid question, because in my opinion there is no way this seller doesn't understand the importance of alterations to baseball cards.
But generally, one needs to be at least reckless to have the state of mind necessary for fraud. So if I am wrong and the seller genuinely did not understand that an alteration could affect the value, then no, that would not be fraud.