If I know a card is altered and that it would matter to the buyer, how can I be acting in good faith by not saying anything? I am acting with the intent to deceive which by definition is bad faith. And the issue is not what the seller SAYS was his state of mind, it's what the fact finder concludes WAS his actual state of mind. People lie all the time.
Sure, if the seller can convince the fact finder that he truly didn't know the card was altered, it would not be fraud. It could still be innocent misrepresentation or mutual mistake entitling the buyer to rescission though.
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Last edited by Peter_Spaeth; 01-13-2025 at 01:05 PM.
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