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<p>[QUOTE="ewomack, post: 2549082, member: 15588"]In the case originally posted, was there a dispute over authenticity? And was there anything at all in writing on a website or an invoice that suggests the "implied contract?" If a counterfeit dispute exists, that <i>should</i>, assuming one can prove that the coin was the <i>exact</i> coin purchased, override other concerns, unless something in writing existed prior to the sale. Without knowing the details - and the original poster is probably being wisely cautious - it's really hard to say. Many dealers state clearly on their websites that they will refund coins later deemed as fakes, though the buyer likely has some burden of proof to overcome depending on certain characteristics of the sale (time elapsed since purchase, etc.). I wouldn't buy anything of moderate to great value from a dealer that didn't make that statement explicitly somewhere. If the coin was identified as counterfeit and the dealer just said "too bad, you already opened the flip," and no other mitigating factors exist, then I at least wouldn't work with that dealer again and at most would try to obtain a refund. Whether the refund would actually happen also depends on many factors, but my guess is that a refund is never guaranteed.[/QUOTE]</p><p><br /></p>
[QUOTE="ewomack, post: 2549082, member: 15588"]In the case originally posted, was there a dispute over authenticity? And was there anything at all in writing on a website or an invoice that suggests the "implied contract?" If a counterfeit dispute exists, that [I]should[/I], assuming one can prove that the coin was the [I]exact[/I] coin purchased, override other concerns, unless something in writing existed prior to the sale. Without knowing the details - and the original poster is probably being wisely cautious - it's really hard to say. Many dealers state clearly on their websites that they will refund coins later deemed as fakes, though the buyer likely has some burden of proof to overcome depending on certain characteristics of the sale (time elapsed since purchase, etc.). I wouldn't buy anything of moderate to great value from a dealer that didn't make that statement explicitly somewhere. If the coin was identified as counterfeit and the dealer just said "too bad, you already opened the flip," and no other mitigating factors exist, then I at least wouldn't work with that dealer again and at most would try to obtain a refund. Whether the refund would actually happen also depends on many factors, but my guess is that a refund is never guaranteed.[/QUOTE]
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