Quote:
Originally Posted by Peter_Spaeth
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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And you are nailing a key issue in sports cards. What obligations / duties do sellers have? Ethically, I think you are exactly correct. People should disclose material facts. But in the legal realm, I don’t believe non-merchants have that same duty. They only have a duty of telling the truth.
So when I buy, I always ask if the seller knows of any defects, trimming, alterations, etc. and if I later discover such, I can go back to the seller and ask for my money back. Same thing if you believe the card is a counterfeit or reprint. Always ask before buying.