Quote:
Originally Posted by Peter_Spaeth
Of course you can posit a set of facts which would show good faith by the seller. However, you stated as a general proposition in post 18 that as long as a seller SAYS he is acting honestly, he would NEVER have a duty to disclose. Goalposts moving.
Your own words:
"So as long as the seller (non-merchant) says they were acting honestly, that should be sufficient.
The bottom line: unless I’m told differently, I’m not sure that non-merchants have a duty to disclose material facts (I.e., facts that could change buyer’s decision to buy a card)."
Bottom line for me, if you trim a card and sell it to me without disclosing it, it makes no difference if you are a merchant or non-merchant, it's fraud.
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Uhh…when did I ever use the word “NEVER?”
Any lawyer worth his / her weight does not deal in absolutes. My words were “should” not “never.”
But my main goal in responding to this thread was to help clarify some of the issues. That’s all. It’s not to argue.