Darren's Rovell take on PWCC, etc.

[benjulmag]

Bob,

That is a very informative and well thought out post.

The biggest obstacle I see to implementing what you are outlining is a conceptual one -- collecting by its nature is subjective. Therefore, the notion of having some universal objective grading standard that all TPGs would be bound to follow strikes me as being inconsistent with why people collect in the first place -- personal enjoyment. One person's 8 could be another person's 3, and vice versa.

In my ideal grading world, the sole purpose of a TPG is to opine if the card is genuine and what, if anything, has been done to it. There would be no numerical grades. At that point, armed with that information, a prospective purchaser can decide how much he/she is willing to pay.

In regard to the concern as to how PSA can be found to be liable under their guaranty if the grade is nothing more than an opinion, I don't think they will be that easily let off the hook. I believe if litigated a court would rule in such a way that would give economic substance to the guaranty, which would not be the case if all PSA has to say they in good faith stand by their original grade. PSA charges up to $5K to grade certain cards, and for that money I can't imagine they would not have a lot of explaining to do if a numerically graded card is objectively found to be altered.

This then raises the question how can one objectively determine alteration and thereby meet the legal standard of proof if one cannot remove it from the slab without voiding the guaranty? I can think of at least two ways -- (1) certain trimmed borders when magnified will show sufficiently clear differences when contrasted with untrimmed borders to persuade a trier of fact that the initial grade was incorrect; (2) Removing the card from the slab under appropriate video recorded supervision, which could then permit a scientific analysis of the borders to determine if they exhibit chemical characteristics indicative of recent exposure to the atmosphere (i.e., they were trimmed). I suspect other scientific tests could also be performed to detect other alterations (e.g., addition of coloring, chemical cleaning).

PSA of course will argue that the removal from the slab voids the guaranty. Given the extreme difficulty/impossibility of proving alteration by leaving the card in the slab, coupled with using the video recording to establish to the court's satisfaction that the alteration did not occur after the removal (thereby addressing the concern behind the prohibition against removal), I believe there is a real shot a court would rule the guaranty is not voided.

That to me is the biggest risk PSA faces -- being wiped out financially, as I believe their contingent liability grossly exceeds their capability to absorb it.