Quote:
Originally Posted by drcy
You have to state what you are selling. Handing a counterfeit bill to a cashier and said "I never claimed it was real" will be no excuse.
There was an infamous painting forger who said he never claimed at sale that they were centuries-old originals. He said the buyers came to that conclusion themselves. The police and judge that convicted him said that wasn't enough. He knew they were modern forgeries, so was required to inform sellers. Not telling them that they were fakes he himself made was the legal equivalent of saying they were originals.
There is such a thing as lying by omission.
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If, in the context of a fraud claim, discovery turned up evidence that the seller actually knew the card was fake (which it probably would), then he could be guilty/liable. But for the purposes of a buyer getting his/her money back, unfortunately listing it with "I don't know if it's fake or real" is probably enough for eBay to refuse to get involved.