A couple of years ago I attended an auction that was an estate auction with a large selection of coins. I always get there early enough to look at coins that interest me and to have time to determine what I am willing to pay and to write this down so I don't get caught up in the frenzy and pay too much. As I was looking at a V nickel that was listed on the 2x2 as a 1912-S I loped it only to discover that it was actually a 1912-D. I told the assistant that it was mismarked and she told the auctioneer that this coin was mismarked. I stated to the auctioneer that I didn't want somebody to be ticked off if they bought a mismarked coin. When the lot came up the auctioneer started to say " Oh this is the coin that ........." End of sentence. Well the bidding went up to around $80.00 or so dollars. A lot to pay for a coin worth only 4 or 5 dollars. I deceided that I should tell the unwhitting man of the mistake but he was seated in a bad spot for me to tell him. I thought that when the coin part of the auction was over and the coin people were paying for our coins that I would tell him at that point. After a half hour, before the coin part was over I saw him leaving early and he was paying for his coins. Well I had all my price guides and paperwork and coins and paper money spread out so I could not get up at that point and leave my valuables unattended so I could not tell him of his blunder. At first I was upset with the auctioneer about not finishing his sentence but then I thought about this. How would he know that I was telling the truth. He might have said that it was a 1912-D not a S mint and then I might have bought a 80.00 coin for only a few bucks. I guess its buyer beware. Good thing that I carry a loupe so I don't get taken. Still I feel sorry for this man when he goes to sell or discovers the error.
Since the coin was misrepresented, the buyer has return privilege. "All Sales Final" doesn't apply to misrepresented coins. The difference between "D" and "S" mintmark is usually obvious without a loupe. Hope it works out well for all parties involved.
