Horrible Ebay rule

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I bought a E95 Caramel Art Devlin from a buyer in January, sent it to Beckett for grading in March received my cards two days ago and found out it's a counterfeit and EBAY says I can't open a case because it's been over 45 days. THAT'S BS when the buyer guaranteed it would grade and was an original. And now she won't return my emails.

I don't send cards in the next day for grading when I receive them. I wait until I get ten or so to ship to the grader. And furthermore it took 35 days from the day I mailed the cards to Beckett until when I got them back in my possession.

Not really a EBAY seller issue but thought I would get my two minutes worth since we were talking about EBAY.

If I was this seller I would refund or credit my money.