Posted By:
davidcyclebackIt doesn't matter if it's consignment or you're selling 'as is' or your cat is sick, if a seller represents a baseball card an original and it turns out to be reprint or forgery worth less money, he has to accept it back for refund. That's the way it is.
Humorous are eBay sellers who think they are immune from the law because they use disclaimers. They may be astonished when a judge tells them that saying 'I'm no expert' and 'no refunds' doesn't allow a seller to mail a Xerox copy instead of the advertized original 1952 Topps Mickey Mantle.
Particularly humorous is the common eBay (mis)usage of 'as is.' 'As is' doesn't mean 'I can deliver whatever I want and the buyer can't do anything about it it, because I said as is.' For example, if you advertise for sale a 1996 Nissan Maxima 'sold as is,' you are legally required to provide the buyer with a 1996 Nissan Maxima.