Quote:
Originally Posted by bigfanNY
Wow this thread is getting long. And many of the OT hypotheticals bring out many of the issues that we all face as card collectors. But again looking at the facts the OP lists one of the key facts that has been lightly discussed is buyer told the seller that the card was no longer in the Holder and the seller said YES when the buyer asked to return the card. Once he said yes is it ok for him to change his mind? How much help would any of us expect from ebay once we said OK to the return?
I understand that many say any buyer returning any card in any slab that he has removed sets a very dangerous president. But the facts of this situation don't really represent that situation. This was a case where both GAI AND THE SELLER represented the card as near mint. The card was determined to be altered so it was misrepresented. The seller said ok to the return...and now he is unhappy with the result. Those are the facts.
This is not a case where Ebay forced the seller to do anything. They just told him to be careful that he might not get his original card back. But again seller states that he did get his original card back.. So everybody who says rhat the seller got screwed by ebay is just wrong. Seller had a choice to fight this return but chose to accept the return.
So folks tell the seller to call the authorities etc... And say what? I sold a card that I said was near mint that turned out to be Altered then the buyer asked to return the card and get a refund and I told him OK. He returned the card in exactly the condition he said he would return it in and I refunded his money.... I am not a lawyer but where exactly did the seller do anything wrong?
Maybe if the seller had told him he would not give full refund because card was out of the case the buyer would have said ok. We will NEVER KNOW. Because the seller said sure send it back.
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Return was accepted BEFORE buying advised out of the slab which is noted earlier.
Since return is out if the slab not sure if the same card was returned.