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#17

01-13-2025, 01:59 PM

Peter_Spaeth Peter_Spaeth is offline

Peter Spaeth

Member

Join Date: Apr 2009

Posts: 34,229

If I know a card is altered and that it would matter to the buyer, how can I be acting in good faith by not saying anything? I am acting with the intent to deceive which by definition is bad faith. And the issue is not what the seller SAYS was his state of mind, it's what the fact finder concludes WAS his actual state of mind. People lie all the time.

Sure, if the seller can convince the fact finder that he truly didn't know the card was altered, it would not be fraud. It could still be innocent misrepresentation or mutual mistake entitling the buyer to rescission though.

__________________
Four phrases I nave coined that sum up today's hobby:
No consequences.
Stuff trumps all.
The flip is the commoodity.
Animal Farm grading.

Last edited by Peter_Spaeth; 01-13-2025 at 02:05 PM.

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