Posted By:
Kenny ColeHe's clearly out what he paid for it. However, I can see an argument to be made that he's out more. Assuming for the moment that it was the real deal and he bought it for less than it was worth with the intent to sell it, it can be argued that he is out his expected profit as well. Its that buy low, sell high thing that I just can't seem to get the knack of.
What is that amount for that card if it was as originally represented? I don't know. However, I do know that you can't recover it if its a speculative amount.
A test auction on ebay may well be an effort to find out what the public (yes, I know its a private auction) thinks this particular card is worth. It may be an attempt, admittedly unscientific, to quantify what he believes his damages to be. But it more than likely isn't fraud.
Kenny Cole