Baseball card restoration

[Peter_Spaeth]

Of course you can posit a set of facts which would show good faith by the seller. However, you stated as a general proposition in post 18 that as long as a seller SAYS he is acting honestly, he would NEVER have a duty to disclose. Goalposts moving.

Your own words:

"So as long as the seller (non-merchant) says they were acting honestly, that should be sufficient.

The bottom line: unless I’m told differently, I’m not sure that non-merchants have a duty to disclose material facts (I.e., facts that could change buyer’s decision to buy a card)."

Bottom line for me, if you trim a card and sell it to me without disclosing it, it makes no difference if you are a merchant or non-merchant, it's fraud.

[gregndodgers]

Originally Posted by Peter_Spaeth

Of course you can posit a set of facts which would show good faith by the seller. However, you stated as a general proposition in post 18 that as long as a seller SAYS he is acting honestly, he would NEVER have a duty to disclose. Goalposts moving.

Your own words:

"So as long as the seller (non-merchant) says they were acting honestly, that should be sufficient.

The bottom line: unless I’m told differently, I’m not sure that non-merchants have a duty to disclose material facts (I.e., facts that could change buyer’s decision to buy a card)."

Bottom line for me, if you trim a card and sell it to me without disclosing it, it makes no difference if you are a merchant or non-merchant, it's fraud.

Uhh…when did I ever use the word “NEVER?”

Any lawyer worth his / her weight does not deal in absolutes. My words were “should” not “never.”

But my main goal in responding to this thread was to help clarify some of the issues. That’s all. It’s not to argue.

[Peter_Spaeth]

You're now confusing your own words. You stated as a general proposition that you did not believe a non-merchant had a duty to disclose material facts, so long as he said he acted in good faith.

[G1911]

How long does it take to put into a listing:

"Trimmed"

"Soaked out of scrapbook"

"Pencil erased"

"Corner rebuilt"

Should take 3 seconds for even a very slow typer. Why would somebody not just tell the truth? Every time there's a line of people trying to come up with reasons not to just tell the truth, for the blatantly obvious reason that if people don't know the history they might pay more, but usually pretending it's something else. Far, far more time is spent trying to justify why not disclosing or lying or covering up are totally okay than it would take to just be honest. It's the only hobby I've been apart of where just being honest is treated as such a problem.