Got burnt today

[steve B]

Any of the lawyers would know better, but I don't think the disclaimer would protect them from having sold something as obvious as a photocopy.

Ski areas have paragraphs of disclaimers on the lift ticket and still get sued when they're really negligent. That's why most of them close trails with even slightly poor conditions. The days of skiing a trail with patches of bare grass every 20 yards are long gone. In practice, the disclaimers only apply when you're doing something really dumb. (like skiing on a trail with little snow cover and jumping the grass patches Didn't have an accident, but easily could have)

I'd think that selling something under a disclaimer that even someone not intot he hobby could tell wasn't right would be counted as some sort of negligence. Proving it was deliberate rather than incompetence might be difficult. I'd still contact local law enforcement especially if they have a fraud dept. If the overall dollar value is large, that might interest them so be sure to mention the number of fakes rather than just the one item.

Steve B

[Mr. Zipper]

Yours is not an issue of authentication, it's a case of the item being completely misrepresented. A photocopy is not a "signed photo." If the item was listed as a signed photo, they should issue a full refund. Authenticity of the signature has nothing to do with it. The couldn't advertise a "car" and give the winner a cardboard cutout that looks like a car and say "oh well... Too bad."

I would file a complaint with the local law enforcement, any licensing agency and the BBB.

I echo the previous posters comments. When you patronize shifty sellers, you are allowing them to perpetuate their activities... Even if you are not the one getting burned on THAT day.

[thetruthisoutthere]

Originally Posted by Mr. Zipper

Yours is not an issue of authentication, it's a case of the item being completely misrepresented. A photocopy is not a "signed photo." If the item was listed as a signed photo, they should issue a full refund. Authenticity of the signature has nothing to do with it. The couldn't advertise a "car" and give the winner a cardboard cutout that looks like a car and say "oh well... Too bad."

I would file a complaint with the local law enforcement, any licensing agency and the BBB.

I echo the previous posters comments. When you patronize shifty sellers, you are allowing them to perpetuate their activities... Even if you are not the one getting burned on THAT day.

Excellent observation, Steve.

[JimStinson]

Very interesting thread.......And please forgive me if what I am about to say is an over simplification of the facts BUT...

I remember Ray Charles being interviewed on 60 minutes once and one of the questions they asked him is what he liked to do for entertainment when he wasn't performing. And he said he LOVED to play blackjack for money, the person doing the interview kinda laughed, And then he asked Ray that since he was BLIND isn't that kind of a risky form of entertainment ?

Ray seemed surprised and asked what they meant ....And the interviewer said "Since your blind aren't you afraid of getting cheated by the people your playing against ?"

Charles laughed like crazy and said "If I have to worry about being cheated I DON'T PLAY"
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jim@stinsonsports.com

[JimStinson]

.....

[drc]

Their disclaimer might actually make it worse for them legally, as it can be read as their acknowledgment that they are aware that they sell bad autographs.

If you sell a car to the neighborhood kid with the disclaimer "The brake lines might be ready to snap, and the gas tank will probably explode," the answer is your disclaimer will be used against you in a court of law.

[JimStinson]

Originally Posted by drc

Their disclaimer might actually make it worse for them legally, as it can be read as their acknowledgment that they are aware that they sell bad autographs.

If you sell a car to the neighborhood kid with the disclaimer "The brake lines might be ready to snap, and the gas tank will probably explode," the answer is your disclaimer will be used against you in a court of law.

Yes but with that disclaimer on the car you could probably get it for alot less money , Just don't drive in the mountains and don't buy more than a gallon of petro at a time and you've made out like a bandit.
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jim@stinsonsports.com