Posted By:
Kenny ColePeter,
LOL, I think the post you are referring to concerned constuctive fraud -- where no showing of intent to deceive is necessary in order to impose liability. However, even in that type of case, you have to show a breach of duty. In that regard, I don't think one generally has a duty to disclose information of which they are unaware.
Barry, to answer your question, my posts have assumed that the seller knows the card's history. I am not arguing that a seller has a duty to investigate the bona fides of every card that comes into his/her possession because I don't think they do. What is generally required of them is disclosure of material facts they know about. To my way of thinking, particularly with respect to high end cards, knowledge that it has previously been rejected is such a material fact.