send it back to heritage. Before your return expires> call heritage today > do not waste any more time.
Agreed. If the auction listing did not note the putty deficiency you have every right to a full refund but you must do it quickly. Auction firms need to settle up with consigners, and let the consigner get the coin back and let HIM mess with PCGS warranty. You do not want to get tangled up with that if you don't have to. This is the beauty of dealing with a reputable auction company. Good thing you didn't buy it on Ebay.
Good luck. If the coin was sold in their "Signiture" auction, they will not take returns generally, but I would think this would be an exception.
That is a HUGE caveat. Yes, I have made quite a bit of money on Ebay, but its not for the faint of heart. I have lost money on certain lots, but that is the gamble I take on the lots I buy. I have also made 1000% returns. Simple purchases can be fine, but that isn't the game I play.
They get to decide which way it goes and it could go either way. And yes, you have to accept whichever they choose.
You can try Heritage but if you read their terms of sale you will find some conflicting terms. they do allow a return for Gross cataloging error" but you have to request permission for the return in writing within three days of receiving the coin. (That would be either today or tomorrow, more likely today Better call them and get a fax down to them immediately. And if you or an agent examined the lot in person before the sale you can't return it except for reasons of authenticity. They also have in the terms that certified coins are sold "as is' with no warranty except for authenticity. Any thing else take it up with the grading firm. They also say that certified material is sold "as is" and may not be returned for any reason. That the auctioneer is not liable for any patent or latent defect in a certified piece and that the buyers sole remedy is against the certification service. With those three items in the terms of sale, which you agreed to by bidding, they pretty much have the right to tell you to go pound sand. I believe when you return the coin to the grading company and they do a buy back you get the choice of being paid or receiving another coin. Of course if they say they can't find a replacement coin then you just get the money, the amount being what every THEY feel the Fair Market Value is, not what you paid. (And they don't believe the FMV is what they say it is in their price guide.)
I would love to hear what Heritage tells you if you try to return this coin. If they say no I will cancel my account there. There is no excuse that they sold this coin in this condition, and they should be willing to take it back considering it is obvious damage and they know you couldn't have caused it. I understand Caveat emptor, but at a minimum this damage should have been noted in the sale listing. Just because a coin is in a slab does not excuse them of their duty as numismatic experts of describing the coin properly for the sale.
This was a signature sale, and as I understand it sales are final. Doesn't someone on this board work for Heritage? Maybe we could work something out via PM. Could these stains be mint made? I can't see how a professional grader could miss them. If they aren't PVC or putty, wouldn't such stains cause a coin to be graded lower than a MS65? I ran the cert number on the PCGS website and they list the value as $1675. Where can you get a MS65 Saint for that money? NO WHERE. But, when I run the cert on my other PCGS coins the values given are 20% (give or take) higher than usual retail prices - strange. So, if my recourse is through PCGS I would have to take a replacement coin; or lose a bunch of money. I know a local dealer with a large Saint collection, I'll have him look at it and see what he says. That will have to wait as I am working 76 hours a week with 2 hours in the car every day. Usually I buy coins on ebay, but this time I thought I would do it right: dealing with the best aucition house with the most respected grading company in the best grade I could afford.
using ebay i have put some dealers into their place that even the great grandpa couldnt in his life time. you can buy both gold and silver coins below melt in plastic if you choose to. nothing beats that other than buying undergraded coins at the big dealers but that is a lot of fun maybe we will go another round eh gradpa? if things improve we will make sure we finish the job.
Did the OP have a chance to inspect this lot in person? If he did, I would say he had a chance to see the damage and he would need to pursue PCGS for his claim. If not, and Heritage did not list this damage in the auction, I still say Heritage should make it right since they did not describe the lot accurately, and this is easy damage to see. Just because a firm CLAIMS they have no liability does not mean that they don't. Please keep us informed of what happens. I believe in standing by firms who make things right, and to avoid firms who do not. Believe me, if they do not make this right I will immediately tell everyone in both coin clubs I belong to of the dangers of buying from HA.com.
I would call Heritage. I have been saying this since you posted this problem. If the "damage" was not noted in the Auction lot description, they should refund your money. Failing that, send it off to PCGS. You have been playing around with what you should do, against all the advice given you here. CALL HERITAGE First and explain the situation. Ask to speak to a Boston auction rep, give them the LOt# and explain your reason for expecting a refund.
You should also warn them from bidding in ANY auction where you (or a trusted set of eyes) have not viewed the coin in-hand prior to bidding -- unless there is a rock-solid return policy. Frankly, that's where you went wrong -- as there are "loser" coins in every auction from every auction house.
The fellow had the winning bid because he was the lowest bidder. Problem coins like this go for low-end money. But whether buying or selling, HA gets its $$$. The seller has to wait a long time from sending it to the auction house to get a check, three months on average. But I still think Heritage is a good company with excellent employees and deep pockets. It is better to sell outright to them than to hope for an extra 5% at auction, unless you have a really rare coin, in which case I would recommend getting a lot of offers/advice, look at auction records to see what you might get for the coin.