Has anyone read their disclaimer?

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Posted By: jay behrens

I just checked out this auction. The disclaimer is a total joke for a supposed big time auction house.

http://cgi.liveauctions.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=6516217602&category=28270

Has anyone seem anything like these before?

Jay

I've just reached Upper Lower Class. I am now officially a babe magnet for poor chicks.

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Posted By: Richard Simon

I am obviously not a lawyer but it looks like they are trying to wrap themselves up in legalese to cover their butts in case they have screwed up.
In cases like this, the best thing to do is pass. Who needs the grief.

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I refuse to engage in a battle of wits with an unarmed opponent.

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Posted By: David Vargha

the buyer is relying on their own inspection and not any representation made by the seller or seller’s agent.

Now how would one go about "inspecting" an Internet auction?

DavidVargha@hotmail.com

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Posted By: PASJD

I think they are just being candid in advising the public they are doing the best they can to identify and authenticate the items but that they aren't in a position to guarantee it. As long as there is full disclosure I don't have a problem. Caveat emptor.

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Posted By: Richard Simon

If you have to go into an auction with caveat emptor being your "go words" then like I said before, I pass.

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I refuse to engage in a battle of wits with an unarmed opponent.

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Posted By: tbob

Just make sure that you understand that if you bid in this auction that your internet bid, although submitted before the auction, will lose to a live bid in the same amount. I had this happen to me the last time I bid in their auction.

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Posted By: jay behrens

PAS, I have a major problem with your reasoning. They are trying to pass themselves off as a major auction house. If they cannot authenticate and verify the items, either themselves or thru the hiring of outside experts, then why are they in the business? I can't imagine Christies, Sothebys or other legit auction houses using this type of disclaimer. And as was pointed out, how in the world can you inspect an item in an internet auction?

Jay

I've just reached Upper Lower Class. I am now officially a babe magnet for poor chicks.

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Posted By: PASJD

Jay, I am not suggesting you buy from them. I don't think they are trying to pass themselves off as anything, because they have fully disclosed (it appears to me) their limitations; and people can bid, or not bid, accordingly. My concern arises when people DON'T disclose things, or do so in a confusing way, or in fine print. And no I am not trying to revive any Mastro/Bushing/SCDA threads!! The issue to me, as a lawyer, is primarily one of disclosure. If I trim a card and tell you it has been trimmed, you may not like me as a seller, but you can't claim to have been ripped off. Same thing applies here. As Lenin said, you can vote with your feet.

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Posted By: jay behrens

It would seem that there limitation is everything. There is nothing they are willing to stand behind. They can sell lump of dirt as a 1933 Goudey Ruth and according to the disclaimer, they are not responsible for the inaccurate description. Yes, it's nice that they disclose the fact they have no clue about anything, but how can you possibly stay in business this way? I know I would never bid in their auctions over the internet. Just seems a really strange way to do business becuase their disclaimer reads like something from a scam artist.

Jay

I've just reached Upper Lower Class. I am now officially a babe magnet for poor chicks.

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Posted By: PASJD

By the way is it true that Mastro's ungraded cards/lots are sold "as is" with no right of return? That is my understanding.