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#23
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No A hole here. Seller has an obligation to advertise properly, and if the cards are not ALL near mint as advertised, then the seller may return them and rescind the agreement. The initial legal issue in this case is whether the cards are all near mint and what standard should be used to define near mint.
Once the cards were returned because they all did not comply with the terms of the contract (I.e. condition), then the original contract has been rescinded and neither party has any obligation to the other. The buyer then attempted a new agreement, which the seller did not agree to. At that point, neither part has any obligation to the other, so if they cannot agree on new terms, they should simply walk away. Instead, both became emotional but there was no reason for that since neither had an obligation to the other. The real problem is that neither party appears versed in basic contracts. |
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