Buyer Beware: CMIZ5290 board member

[Exhibitman]

Lemme inject a little contract law here: first, we take words of a contract at their common meanings unless there are terms of art involved, and second, we do not assume that people insert meaningless clauses. The statement "authentic, and will grade" is a guarantee of two things, set apart by the ", and'. Authentic means it is not a fake but it could be altered. "Will grade" means it will be assigned a numerical grade by a TPG. In the hobby "grade" is commonly understood to refer to a numerical grade. If the guarantee was only meant to be "authentic" and if "authentic" also was intended to itself be a grade, then the second clause of the guarantee would be superfluous. The fact that it was added to the guarantee means one of two things:

--The seller warranted the card to not only be authentic but to also get a numerical grade, as the buyer understood it; or

--The seller misled the buyer, whether or not intentionally, by using this phrase.

Either way, the likely outcome in my court is a ruling for the buyer.

MORE TO THE POINT THIS IS A GEHRIG SOLD BETWEEN MEMBERS OF THE BOARD AND A GENTLEMAN WOULD REFUND THE BUYER AND RESELL THE CARD. A fellow member is unhappy and scorching your rep publicly, it isn't worth it. Besides, I'm sure there is a ready market for the card in any condition. Hell, in the four months since the sale and in this market it is probably worth more.

[samosa4u]

Tim is a great guy and he has had a pretty rough year due to health issues. I reached out to him and we had a nice chat (I've been down the same road). It's sad that somebody would put him through this. Kevin, stop behaving like a dickhead and give the guy his money back.