[Peter_Spaeth]

Originally Posted by gregndodgers

And you are nailing a key issue in sports cards. What obligations / duties do sellers have? Ethically, I think you are exactly correct. People should disclose material facts. But in the legal realm, I don’t believe non-merchants have that same duty. They only have a duty of telling the truth.

So when I buy, I always ask if the seller knows of any defects, trimming, alterations, etc. and if I later discover such, I can go back to the seller and ask for my money back. Same thing if you believe the card is a counterfeit or reprint. Always ask before buying.

Your legal statement is not, in my opinion, supported by the UCC provisions you quoted, for the reasons stated in my previous post. It is not subjective good faith to knowingly conceal a material fact. But I would agree as a practical matter it's best to ask.