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warshawlawthe fact that it is fake is not a defense to a breach of contract action. Similarly, if you bid on a card advertised as a possible reprint or offered as-is without warranty and you win, the fact that you later decide it is fake is not a defense because as part of the contract you assumed the risk of authenticity. While the odds of being sued are low because these sellers are usually too stupid to know they have a case, it only takes one who has a clue to make someone's life very unhappy.