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  #1  
Old 11-29-2018, 02:03 PM
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Originally Posted by conor912 View Post
I more had autos in mind, but to your example, I'd say it depends on where the perceived value lies. Is the value in the card, or in the card in the slab? Obviously in most cases these days most of the value is in the latter. If they cracked it, then at that point they can no longer return to you the item which you sold them, which was the card in the slab - the moment they crack it out, it becomes a different product. At that point I wouldn't think they would be entitled to a refund from you and should go straight back to the TPG that originally graded it and sort it out with them.
I think that's right. But suppose I, a non-expert, sell a slabbed autograph card. A year later, information comes out that the TPG made a mistake and in fact the auto is a fake. Why am I on the hook a year later for someone else's fraud (the forger's) and the TPG's mistake?
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  #2  
Old 11-29-2018, 02:51 PM
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Originally Posted by Peter_Spaeth View Post
I think that's right. But suppose I, a non-expert, sell a slabbed autograph card. A year later, information comes out that the TPG made a mistake and in fact the auto is a fake. Why am I on the hook a year later for someone else's fraud (the forger's) and the TPG's mistake?
Because when you were the buyer of said card (assuming you bought it and weren't the one to have it slabbed), the onus was on you to do your due diligence before buying it. You felt like you shouldn't have had to because it was slabbed (which is of course the whole point of slabbing), but clearly that notion is wrong.... and now as the seller of said card, your lack of that due diligence shouldn't just get transferred to the next buyer and leave you off the hook. It's impossible to assign a percentage of responsibility to each party in this scenario, but to hide behind ignorance and a slab just feels dirty to me. That's how I feel, anyway.
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  #3  
Old 11-29-2018, 02:55 PM
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Originally Posted by conor912 View Post
Because when you were the buyer of said card (assuming you bought it and weren't the one to have it slabbed), the onus was on you to do your due diligence before buying it. You felt like you shouldn't have had to because it was slabbed (which is of course the whole point of slabbing), but clearly that notion is wrong.... and now as the seller of said card, your lack of that due diligence shouldn't just get transferred to the next buyer and leave you off the hook. It's impossible to assign a percentage of responsibility to each party in this scenario, but to hide behind ignorance and a slab just feels dirty to me. That's how I feel, anyway.
I understand and respect that perspective, but I don't think it's realistic or fair. The buyer is buying the TPG's opinion, not mine, or so I believe.
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Old 11-29-2018, 03:00 PM
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Originally Posted by Peter_Spaeth View Post
I understand and respect that perspective, but I don't think it's realistic or fair. The buyer is buying the TPG's opinion, not mine, or so I believe.
I think it's fair, but I agree probably not realistic. Either way, it's a murky mess.
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Old 11-29-2018, 02:53 PM
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Quote:
Originally Posted by Peter_Spaeth View Post
I think that's right. But suppose I, a non-expert, sell a slabbed autograph card. A year later, information comes out that the TPG made a mistake and in fact the auto is a fake. Why am I on the hook a year later for someone else's fraud (the forger's) and the TPG's mistake?
I think the answer to your question is that you profited from the sale of the card, the TPA did not. Why should any seller be able to keep profits from a card, or any item for that matter, that was not as described? While it is not your fault for making the auto bad, the seller still profits. To me, it seems the seller would refund the buyer and then try to get a refund from the person they bought it from and so on.
I asked this type of question in another thread. Being that TPAs are promoting their service as much to enhance the value of an item, as they are to provide confidence in authenticity of said item, what obligation do they have to any one person in the buyer-seller transaction realm with regards to the change in value of the item? I don't know the legal answer to that.
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  #6  
Old 11-29-2018, 02:59 PM
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I think the answer to your question is that you profited from the sale of the card, the TPA did not. Why should any seller be able to keep profits from a card, or any item for that matter, that was not as described? While it is not your fault for making the auto bad, the seller still profits. To me, it seems the seller would refund the buyer and then try to get a refund from the person they bought it from and so on.
I asked this type of question in another thread. Being that TPAs are promoting their service as much to enhance the value of an item, as they are to provide confidence in authenticity of said item, what obligation do they have to any one person in the buyer-seller transaction realm with regards to the change in value of the item? I don't know the legal answer to that.
In my case, more likely I lost money than profited. And arguably the item is as described -- a card authenticated by whichever TPG. I would have no issue taking back a card within a reasonable window for whatever reason even a bad one, but I'm not sure it's fair to keep a seller on the hook for a year, two years, whatever in the case of a TPG card.
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Last edited by Peter_Spaeth; 11-29-2018 at 03:00 PM.
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  #7  
Old 11-29-2018, 03:06 PM
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Originally Posted by Peter_Spaeth View Post
In my case, more likely I lost money than profited. And arguably the item is as described -- a card authenticated by whichever TPG. I would have no issue taking back a card within a reasonable window for whatever reason even a bad one, but I'm not sure it's fair to keep a seller on the hook for a year, two years, whatever in the case of a TPG card.
AH. Let me clarify my answer.

I think, if the person breaks the slab, then I agree with you in some ways. You sold a slabbed card. The person is returning an unslabbed card. Who's to say they didn't do something to the card or are trying to do something underhanded themselves. Supposed the TPA dropped it and damaged the card? I can definitely see there being a case for not accepting it back in that instance.
What I was more addressing was the slabbed card being returned in the same condition but now being know to be fake. Somehow I think I interpreted one of your responses that way.
I agree with Conor in that if you are selling an item, you should stand behind that item, but when the item has been altered it makes the water much more muddy.
As far as the time frame, with a business like a known dealer, the time frame should not matter. When it's a collector to collector, it becomes difficult to swallow the further out it goes. I don't think there is any one right way.
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Last edited by Lordstan; 11-29-2018 at 03:09 PM.
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  #8  
Old 11-29-2018, 03:27 PM
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AH. Let me clarify my answer.

I think, if the person breaks the slab, then I agree with you in some ways. You sold a slabbed card. The person is returning an unslabbed card. Who's to say they didn't do something to the card or are trying to do something underhanded themselves. Supposed the TPA dropped it and damaged the card? I can definitely see there being a case for not accepting it back in that instance.
What I was more addressing was the slabbed card being returned in the same condition but now being know to be fake. Somehow I think I interpreted one of your responses that way.
I agree with Conor in that if you are selling an item, you should stand behind that item, but when the item has been altered it makes the water much more muddy.
As far as the time frame, with a business like a known dealer, the time frame should not matter. When it's a collector to collector, it becomes difficult to swallow the further out it goes. I don't think there is any one right way.
Mark even in the case where the card is still slabbed, I do think I have a timeframe issue the further out one goes. If I were a dealer, I think that's a different situation, then to some extent I think buyers are relying on me as well as the TPG, but as a pure collector not holding himself out as having any expertise, that feels different. On a slabbed card anyhow. Raw card, different matter, but again, there has to be a reasonable timeframe for a return.
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  #9  
Old 11-29-2018, 06:26 PM
chalupacollects chalupacollects is offline
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Quote:
Originally Posted by Peter_Spaeth View Post
Mark even in the case where the card is still slabbed, I do think I have a timeframe issue the further out one goes. If I were a dealer, I think that's a different situation, then to some extent I think buyers are relying on me as well as the TPG, but as a pure collector not holding himself out as having any expertise, that feels different. On a slabbed card anyhow. Raw card, different matter, but again, there has to be a reasonable timeframe for a return.
Here's the deal - you buy a car, after a short period no returns unless a lemon, pair of pants, you wash them no returns, Use half a can of soda - no return. What gives people the right to think that they can have an unlimited return on a baseball card? Dealer or not there are limits...

Did Steve Wynn get to return that $115 million dollar painting after he stuck his finger in it - no...

Buying collectables - caveat emptor - just like this board...

Also just because you are buying a collectable card (slabbed or not) doe s not guarantee you the right to believe you are entitled to a profit... eBay's current buyer friendly policies won't stand the test of time - someone will introduce a better mousetrap, same as those folks with the computer based grading system. (Where are they anyway???)

This is more a less the backstory behind Peter's question - the right to feel you are entitled to a profit even though you may not know what you are buying... Rant over
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