While We're On The Topic -

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Posted By: Matt

Consider a common hypothetical situation on ebay where the seller pictures an item and in the description claims it was "in decent shape for being 70 years old" and then said the item is being sold "as is." Upon arrival it is determined the card is actually a forgery, done much more recently. Does the "as is" claim of the seller sup recede his statement of "being over 70 years old?"

To take it one step further, what would be the difference between that case and a seller selling a PSA 7 card "as is" and it shows up as a PSA 4? Does a claim of "as is" sup recede all other statements made in the auction or do the other claims override the "as is?"

The additional factor to this is would ebay or Paypal do anything to protect the buyer in these cases?

Thoughts?

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Posted By: Steve Murray

In neither instance would the "as-is" clause supercede the actual representation. While the first example might be a close call the second certainly is not.

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Posted By: PS

I haven't looked at this in a while, but I am guessing the law is that an as is clause is only effective (if then) when you make NO affirmative representations.

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Posted By: Matt

Thanks, both of you.
Now on to part II - Now let's say the above case happened.
I'm sure, if the seller included an "as is" clause, they're going to deny any refund since they said "as is" and the law be damned. Has anyone gotten help from either ebay or Paypal to get a refund or is it strictly between the buyer and seller. Since, unless the dollar amount is high, it's not worth the legal mess to get your money back, the only recourse is hope from ebay/paypal. So, as a buyer, are you SOL?