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#21
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![]() Quote:
![]() I don't think anyone is really casting unfounded aspersions your way, it is just that: (1) some people have a difficult time finding the middle ground between nice and total flaming a-hole when it comes to responding to something disagreeable to them, and (2) you are repeatedly justifying and defending a fundamentally flawed position. Had you posted the story as a "caution, don't do this and don't deal with these crooks" story, you'd have gotten a polite response or two and it would be done. What you really wanted was for the folks here to respond with a sympathetic cluck of "yes, you poor thing, you were cheated and abused by the thieving auctioneer." You won't get that from most posters here because you participated in a known scamsters' auction absent even the most rudimentary precautions. It is like buying a $200 Mathewson from Roaches' Corner and being surprised that it is a fake. Shades of Claude Rains... ![]() Rick: How can you close me up? On what grounds? Captain Renault: I'm shocked, shocked to find that gambling is going on in here! [a croupier hands Renault a pile of money] Croupier: Your winnings, sir. Captain Renault: [sotto voce] Oh, thank you very much. Now, as to whether an item ever falls so far from the mark that it would overcome a disclaimer, certainly that is possible but it is a straw man argument in this context. Let's say you bought an [allegedly] autographed photo and the guy handed you a basketball. Obviously, no disclaimer is going to prevent you from handing it back and asking for the picture. You don't need a fancy fraud argument for that--it is plainly not the item that you bid on. That is not the case with the scenario you presented. You did not receive a completely different item than what you bid on; you received exactly what you bid on but it turned out to be counterfeit, and you were told up front to assume that the item was not genuine.
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