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Posted By: davidcycle

If he lied about the presence of said back back damage to get an expensive card, that would be fraud. If he was correct about said back damaged being present but did not divulge it at sale, that would be fraud. Assuming your facts are accurate, as he does not mention the back damage in his sales description and the picture he uses does not show said damage, he would have a difficult time in small claims court arguing that there ever was said back damage, and, if you had good records of the correspondence, you would likely win back the Goudey or financial compensation. In this scenario, his sales description would be your evidence, and the only way he could refute this evidence would be to show that his sales description was fraudulent.