Bill and Leon (and others), thanks again. My main purpose was to point you all to this guy as someone you need to view carefully, and I recognized that others might disagree with me on my particular situation. Thanks to Peter for unearthing the apparent shilling as well, and to Ed for pointing out a second chance offer received from this guy just hours after an auction. I believe there are several things about this seller that do not pass the smell test.
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If you really believe the card to be trimmed, shouldn't you go after the grading company and not the seller? Even if the seller was the one that submitted the card (which I don't believe is the case), he paid for a professional opinion and the mistake was made the GAI, not the seller.
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I'm not saying I could not go after the grading company. Nor am I saying the seller could not go against the grading company, or whoever he bought the card from, depending on the facts. More power to him if he was wronged by someone else.
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Let's say you're buying a house and pay for an professional inspection. The inspection comes back okay, but a month later you find the house is infested with termites. Do you go after the seller of the house for compensation or the inspector who missed the problem?
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Both. This happens frequently in the context you mention. Sellers often fail to disclose known problems which ultimately are shown to have existed for some time and with their knowledge. Buyer may go after the inspector for failing to spot the problem, but surely is not limited to that party as a defendant.
There is also an argument for the implied warranty of merchantability (or habitability with the case of a house), whereby goods must reasonably conform to an ordinary buyer's expectations, sometimes measured by standards for such goods "as pass ordinarily in the trade". In the case of cards, I submit that the standards require that any graded card with a numeric grade must be authentic and unaltered to "pass ordinarily in the hobby". As a rule, people do not buy numerically graded cards with the expectation that they have been altered.
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal
Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable
If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President.
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02-19-2011, 01:39 PM
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