Quote:
Originally Posted by Cardboard Junkie
How is it different than buying a used car, that a 3rd party mechanic says is good- condition. Fix it a little. use a little bondo, put some engine quieting mud in the crankcase. Then a 3rd party mechanic says it's excellent. And it is sold at a profit. I'm not convinced that is a crime.. Jes sayin
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Read the link I (or Peter) provided. It's fairly obvious the difference, which in part relies on intent (of the seller). Good versus Excellent condition is an opinion (of the 3rd party, in your case), and not a statement of fact. In the case of the card, altering is a fact, not an opinion. To what extent altering affects the VALUE of a card is an opinion. However "general use acceptance" is that altered cards are worth less than unaltered cards.
"A statement of belief is not a statement of fact and thus is not fraudulent. Puffing, or the expression of a glowing opinion by a seller, is likewise not fraudulent. For example, a car dealer may represent that a particular vehicle is "the finest in the lot." Although the statement may not be true, it is not a statement of fact, and a reasonable buyer would not be justified in relying on it." - again,
http://legal-dictionary.thefreedictionary.com/fraud