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<p>[QUOTE="medoraman, post: 1721395, member: 26302"]Maybe another way of thinking about it is legally. No, not get lawyers involved, no one ever wants that, but legal theory. In common law and UCC, if it can be shown both parties believed the transaction was for different items, then no sale ever took place. The sale is simply rescinded and everyone goes back to where they were before the sale. </p><p><br /></p><p>In my mind, having a title only reading 90% gives enough argument that the buyer COULD argue he thought they were all 90%. I understand Blaubart's point above, but in this instance Trey showed a pic of 4 Kennedies. Believe it or not many people do not know only 1964 dated coins were 90%. If Trey would have shown a pic of 2 90% kennedies and two large cents, I do not believe anyone would rationally believe the large copper colored coins were 90% silver. However, they were silver colored, Kennedy half dollars. THAT is why only a 90% title could be misleading to someone possibly. And if they were confused as to what they were buying because of that, then according to both common law and the UCC, no sale really ever took place.</p><p><br /></p><p>Now, in the scheme of things I believe Trey is a good guy, and 99% of this is the buyers fault. BUT, that little 1% boo boo on his part I believe will be enough for Ebay to not enforce the sale. If I were a judge, I would probably reverse the sale in this instance as well. </p><p><br /></p><p>Make sense?[/QUOTE]</p><p><br /></p>
[QUOTE="medoraman, post: 1721395, member: 26302"]Maybe another way of thinking about it is legally. No, not get lawyers involved, no one ever wants that, but legal theory. In common law and UCC, if it can be shown both parties believed the transaction was for different items, then no sale ever took place. The sale is simply rescinded and everyone goes back to where they were before the sale. In my mind, having a title only reading 90% gives enough argument that the buyer COULD argue he thought they were all 90%. I understand Blaubart's point above, but in this instance Trey showed a pic of 4 Kennedies. Believe it or not many people do not know only 1964 dated coins were 90%. If Trey would have shown a pic of 2 90% kennedies and two large cents, I do not believe anyone would rationally believe the large copper colored coins were 90% silver. However, they were silver colored, Kennedy half dollars. THAT is why only a 90% title could be misleading to someone possibly. And if they were confused as to what they were buying because of that, then according to both common law and the UCC, no sale really ever took place. Now, in the scheme of things I believe Trey is a good guy, and 99% of this is the buyers fault. BUT, that little 1% boo boo on his part I believe will be enough for Ebay to not enforce the sale. If I were a judge, I would probably reverse the sale in this instance as well. Make sense?[/QUOTE]
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