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Judge DredThe Tinker does look undergraded. The only problem is that we are relying on a small ebay scan that may not show some imperfections that resulted in the grade assigned.
A lot of sellers will state that graded cards are sold "as-is". In many cases the sellers may not indicate the flaws not visible on an ebay scan. In this case we (as buyers) rely on the authenticating companies assigned grades. Most of the reputable sellers would probably disclose the flaws on lower graded cards if you send an email requesting further information.
When you get to raw cards it's a completely different arena. Reputable sellers will typically disclose all flaws but then we run into that area of subjectivity where VG/EX to one person may be EX/MT to someone else and sellers may not feel obligated to disclose small creases because VG/EX cards (by definition of the grading services and others) are allowed to have creases.
To me, a reputable seller will disclose all major flaws (crease, paper loss, etc) so that there are no hidden surprises that await the buyer.