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Old 08-17-2005, 07:00 PM
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Default Broker Obligation

Posted By: Tom L.

Comment: I purchased 2 U.S. Caramels from Alan Hager back around 1992. Both came back as trimmed from SGC years later. Hager was out of business by then, and my loss, right? Well, when I saw him on EBay a couple of years ago, I contacted him about the cards. His response: send them back for a full refund. I'll be damned if I didn't get a full refund from him within a week (I can't remember the amount now, but it was around $800). I know he has taken a lot of [well-deserved] punches in the hobby, including from me, but that was a much better response than I have gotten from several other dealers with great reputations on this board (and under circumstances where a refund was completely warranted under any reasonable definition). I had no reason to expect a refund, yet he provided one almost 10 years later. Just a data point . . .

Question for Adam:
Under California law, how do you ever prove that the bad act was "knowing" on the part of the seller? Does the fact that someone is a long-time dealer give a presumption of knowledge that the dealer would have to refute?

Thanks,
Tom

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