Posted By:
Peter SpaethAt this stage, I analyze the case as follows.
1. Mr. Verkman guaranteed he would take back the item if ANY REPUTABLE GRADING COMPANY determined it was not authentic. This guaranty was posted on the website at the time of the auction and therefore is part of the terms and conditions of the sale.
1a. Mr. Verkman apparently was in error when he claimed earlier that this guaranty was not in effect for the auction in question.
2. A reputable grading company has determined the item is not authentic.
3. The buyer has invoked the guaranty seeking to return the item.
In my view, all the rest of it, on both sides, is irrelevant at this point including Mr. Mastro's opinion, Mr. Fogel's opinion, whether or not the buyer's recounting of the negotiations is incomplete or misleading, whether testing can or cannot determine the authenticity of the item, and indeed whether the item is or is not authentic.