Quote:
Originally Posted by benjulmag
Presumably the instance in which someone would have the economic incentive to bring an action is when he cannot sell it for a profit. Granted that day may never come because the current market does not seem to care that cards that are selling for hundreds of thousands of dollars are in reality worth a fraction of that, but it still blows my mind that people do that. As was noted by one of the posters in the blowout thread, that person is very distraught that his mint card is altered, and likely will view graded cards differently going forward.
And too I would think that even if it required at some point taking the card out of the thread to do the forensic examination, which I'm not sure is required in all instances, once that was done and the card was shown to be a fake, any trier of fact would look at PSA's expert in a different light. I don't think juries like it when people get screwed and believe it was done in bad faith. And too, I'm not sure how well it will be received by a court that the only way I could mitigate my damages is by withholding material information from the person I would be selling it to.
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IMO you could probably disclose it in most cases and do just fine. You and I are from the generation where it mattered, but I don't think it does any more to a huge swath of the hoibby.