E95 Plank on eBay - Undisclosed Information So Beware

[Archive]

Posted By: davidcycleback

The rule of law in selling art and memorabilia is that the seller
has to deliver what was described as being offered in the sale or
auction. There is no seller's disclaimer that changes that rule.
If a scammer has a small letters disclaimer saying he's allowed to
keep the eBay bidder's money without delivering the advertised goods, the
only legally practical result of this disclaimer is that legal authorities
will use it as evidence that the seller was knowingly committing fraud.

If a seller is the maker of the reprint or counterfeit, he has a higher level
or responsibility for describing the item at sale. A normal seller might be able to
get away with saying "I'm not sure what it is, but it looks old," but the maker
of the item would not be able to get away with that. If you made the
item, you know what it is and are legally bound to tell the potential buyer what it is.
Leave out material information at your own peril. This is why I beleive that those
'cutout cards' sellers (assuming they cut out the cards themselves) might be in for a surprise
if a buyer sued. These sellers may beleive that their literal wording ('I never used the
word trading card') gives them a free ride, but a judge may feel that as the maker of
the items, they are required to be more candid about the items at sale.

There are many jailed forgers who never literally lied about their
creations. One infamous art forger pleaded his case by saying,
"I never told the buyers the paintings were originals, that was
their idea. I just never corrected them." The last sentence is why he went
to prison. One can lie by omission.