PSA Appraisal Values

incugator · #1 08-19-2022, 07:16 PM

This is true if it does not violate California appraisal laws. I'm guessing California has laws in place that allow for values to be contested. Right now PSA is telling customers that the contract is law (which it definitely is not). I just dont know what the law is.

BobC · #2 08-19-2022, 08:20 PM

Quote:

Originally Posted by incugator

This is true if it does not violate California appraisal laws. I'm guessing California has laws in place that allow for values to be contested. Right now PSA is telling customers that the contract is law (which it definitely is not). I just dont know what the law is.

That is just it, PSA is based in California, right? And remember, until just a year ago or so, they were a publicly traded company as well. Their attorneys would most likely be extremely well versed with California laws and what is and isn't allowable under them in regard to the issue you bring up. Again, am not an attorney, nor have I ever seen one of their grading agreements/contracts, but still speculate they have their I's dotted and their T's crossed. LOL

Peter_Spaeth · #3 08-19-2022, 08:36 PM

Quote:

Originally Posted by BobC

That is just it, PSA is based in California, right? And remember, until just a year ago or so, they were a publicly traded company as well. Their attorneys would most likely be extremely well versed with California laws and what is and isn't allowable under them in regard to the issue you bring up. Again, am not an attorney, nor have I ever seen one of their grading agreements/contracts, but still speculate they have their I's dotted and their T's crossed. LOL

I would not assume any such thing. This isn't Apple or Microsoft. I haven't seen the provisions or the applicable statute so have no opinion, but the fact that PSA is saying it or it's in their contract means little.

BobC · #4 08-19-2022, 09:52 PM

Quote:

Originally Posted by Peter_Spaeth

I would not assume any such thing. This isn't Apple or Microsoft. I haven't seen the provisions or the applicable statute so have no opinion, but the fact that PSA is saying it or it's in their contract means little.

Exactly why I made sure to say I'm not an attorney, nor have I ever seen one of their contracts. LOL Purely speculating and giving them the benefit of the doubt to have put language or clauses in their agreements/contracts that gives them the ultimate authority when it comes to something like determining what something is worth in regard to upcharges for grading services. Also still think that there's not going to be enough of a difference in an upcharge for any disputed grading fee to make someone want to risk the potential legal fees it could cost to take anyone to court.

Also, I have yet to hear of a single legal case being brought where someone has taken them to court over their grading guarantees, let alone win a case for such against them. And a case like that would most likely be for way more money than a dispute about a grading fee upcharge would ever be. So again, in all the decades they've been in business now, if no one as of yet has taken them to court for the latter, I doubt anyone is going to want to really risk wanting to go against them for the former.

Peter_Spaeth · #5 08-19-2022, 09:56 PM

Quote:

Originally Posted by BobC

Double post.

Their you have to sue us in Orange County provision, which is enforceable, is a hurdle. The fact that the American legal system does not typically award a plaintiff his attorney's fees is a hurdle. And yes, the relatively modest amounts that typically would be at stake are a disincentive. Do we know for a fact they never have been sued over a grade? It's certainly possible people made demands that resulted in confidential settlements, for one thing. If I were representing someone I'd almost certainly try to resolve it that way.

ahmanfan · #6 08-19-2022, 10:06 PM

Nobody is forcing you to use PSA. If you use them it�s their rules I would suppose.

Peter_Spaeth · #7 08-19-2022, 10:15 PM

Quote:

Originally Posted by ahmanfan

Nobody is forcing you to use PSA. If you use them it�s their rules I would suppose.

Being forced to enter a contract is not the standard for being able to challenge a provision as unenforceable.

Smarti5051 · #8 08-19-2022, 11:04 PM

Seems like a pretty straightforward argument for PSA. PSA grading fees are based on the value of the card, because as the value of a card increases, PSA's risk is increased (insurance, damage liability and challenges to PSA's services/grades/authenticity). PSA does not charge for services until they ascertain the grade and value of a card, then the customer is submitted an invoice for any upcharges if there are discrepancies between the customer's assessed value and the company's assessment of the current value. If the customer disagrees, he can decline the upcharge and the card will be returned without the grading service. PSA does not force a customer to pay for a higher service.

BobC · #9 08-19-2022, 11:50 PM

Quote:

Originally Posted by Peter_Spaeth

Being forced to enter a contract is not the standard for being able to challenge a provision as unenforceable.

What Smarti said!

I didn't think there was anyone forcing someone to enter into a PSA grading service contract. Submitters are given a choice, and make the decision for themselves then. Not sure how someone, even in a California court, could consciously accept the terms and fees under those conditions where they know the cost in advance, and then be able to turn around at a later date and come back and argue they were somehow being overcharged/cheated. Last I looked, there are other TPG services to choose from as well.

Quote:

Originally Posted by Peter_Spaeth

Assuming that is how it works, still a pretty lousy result for the submitter especially given the wait times these days. Closing in on a year and a half on one sub speaking of which.

Not sure what wait times have to do with the OP's question though. That is an entirely different topic that has already been addressed in multiple other threads.

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