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Old 08-17-2005, 11:22 AM
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Default Broker Obligation

Posted By: Sandiegowill

RE-POST OF MESSAGE WITH TITLE AND MY NAME:


Gentlemen, input requested.

A long time ago we ran a N162 Buffalo Bill card on Ebay, sold for about $550. We graded it as Ex to Ex+. Yesterday, 110 days later, the gentleman who won it instructed us that a spot inspection at the National by SGC deemed it "possibly" trimmed.

As such, customer now wants to send it to PSA with the expectation that if it does not pass PSA muster then he will return it to us for a refund. Saying that happens within three weeks, that would put us at 130 days.

The auction ended April 28. Customer paid April 29, we shipped the same day. Part of rapid shipping is so that deals stay fresh and recipient can do their part to ensure satisfaction, no?

You all know we're strictly consignment auction. If customer had let us know within 30 days, in this case, I could have notified consignor and done something about this. My opinion is that 110 days is much too long and that at some point the buyer has to take some responsibility for their end of the bargain.

How do I know this is even the same card?

I acknowledge that at the time we ran this card we did not add the common sense language in our auctions to the effect that items are sold as-is, refunds can only be processed within "x" amount of days. That has been changed and our current auction information states 7 days as the time alloted for possible returns for refund, but I do admit it was not in there at the time of this sale.

The customer in this current case is using that fact as his leverage.

My first response to him included an offer by me to do what I could to re-sell the card on his behalf for the best net result possible. He immediately rejected that offer.

My question to you, the hobby's arbiters of integrity, common sense and fairness, is:

Should I have to issue a refund despite the lateness of the request?
Is he right, that a "trimmed card is a trimmed card" (presuming this is the same card) and that for eternity a reputable dealer will issue a refund? If not for eternity, then, for how long? 110 days? 210 days? 1,010 days?

Will Hays

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