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<p>[QUOTE="NPCoin, post: 1095167, member: 5629"]What you are insinuating is that the original third party grader is <b>not</b> a professional. Grading is subjective, and every numismatist must remember that. Grading standards aside, everybody has their own opinion with bias on a particular item.</p><p><br /></p><p>Now, that is not to say that the coin may have, in fact, been damaged. However, you have yet also to disclose the alleged nature of this damage. Even amongst seasoned numismatists, what does and does not constitute damage is arguable. Even the matter of a coin being unable to be "graded" is arguable. <b>Any</b> coin is able to be graded. Grade describes the condition and/or marketability of the item.</p><p><br /></p><p>Just because an entity or small group of entities hold to a specific philosophy in no manner makes it "law".</p><p><br /></p><p><br /></p><p><br /></p><p>And that is the point. You make the statement that PCGS is <b>arguably</b> the "top" professionals. I am sure you can easily still search on the FTC website how in the early 1990s the government most certainly argued the fact that PCGS marketing of their "professional grading" was misleading <b>because</b> grading of numismatic items is subjective and not objective as PCGS misled some to believe.</p><p><br /></p><p>And, now, today it appears that there is a growing segment in the community that have come to believe that PCGS (or NGC, or ANACS, or anybody else's) grading is somehow objective and the "correct" grade for an item. Subjectiveness does not allow for objective "truth".</p><p><br /></p><p><br /></p><p><br /></p><p>And that is the whole point here. It is all subjective.</p><p><br /></p><p>Now, with that said, the seller did in fact disclaim the coin as GEM BU. That entails a few "expectations" regarding the coin. First, that the coin is uncirculated. Now, regardless of any alleged damage, an uncirculated coin is uncirculated.</p><p><br /></p><p>This fact, however, has become a subject of debate and argument in the community (you can tell which side of the fence I sit on). Damage should be disclosed as damage alongside the grade instead of the grade being adjusted to levels that the grader believes the market may accept the valuation of the coin to be.</p><p><br /></p><p>The second "expectation" is that the uncirculated coin is "brilliant". With this, any copper coin should be expected to be fully to nearly red, and there should be minimal toning and impairment to luster on any other coin. Without this, then the "expectation" for the coin being "BU", or brilliant uncirculated, fails.</p><p><br /></p><p>Thirdly, we have the term "GEM" which entails that the coin has full, original surfaces and luster. So, in the opinion of the seller, the coin pictured should have been a fully brilliant coin with little to no impairments to the coin's surfaces or luster and had been in uncirculated condition, regardless of any numeric grade that was on the holder's label.</p><p><br /></p><p>If the coin appeared as such (or even closely enough since it is still subjective), then the matter of alleged "damage" must be considered. The only problem is that the coin was removed from its original sealed holder. At that point, it could be argued that any damage occurred only after the coin had been removed from its original holder.</p><p><br /></p><p>To know what the alleged damage to the coin actually is would be more helpful in determining how to advise you in filing your complaint. Remember, you entered into a legally binding contract that <b>neither eBay nor PayPal</b> are a legal party to. Depending on the jurisdiction you are in and the amount of money the seller may be out, the seller may also decide to take action (most likely not, but all possibilities should be considered) to recoup against you as the buyer in what could be construed as a fraud.</p><p><br /></p><p>Yet, never allow fear to determine your course of action. Consider these things only to put into perspective the whole situation and to ascertain the seller's view on this case as well that you can step back and look at it in a completely subjective manner.</p><p><br /></p><p>And again, knowing the full facts of the situation would most certainly help to get a better picture of the situation and give a better opinion.[/QUOTE]</p><p><br /></p>
[QUOTE="NPCoin, post: 1095167, member: 5629"]What you are insinuating is that the original third party grader is [B]not[/B] a professional. Grading is subjective, and every numismatist must remember that. Grading standards aside, everybody has their own opinion with bias on a particular item. Now, that is not to say that the coin may have, in fact, been damaged. However, you have yet also to disclose the alleged nature of this damage. Even amongst seasoned numismatists, what does and does not constitute damage is arguable. Even the matter of a coin being unable to be "graded" is arguable. [B]Any[/B] coin is able to be graded. Grade describes the condition and/or marketability of the item. Just because an entity or small group of entities hold to a specific philosophy in no manner makes it "law". And that is the point. You make the statement that PCGS is [B]arguably[/B] the "top" professionals. I am sure you can easily still search on the FTC website how in the early 1990s the government most certainly argued the fact that PCGS marketing of their "professional grading" was misleading [B]because[/B] grading of numismatic items is subjective and not objective as PCGS misled some to believe. And, now, today it appears that there is a growing segment in the community that have come to believe that PCGS (or NGC, or ANACS, or anybody else's) grading is somehow objective and the "correct" grade for an item. Subjectiveness does not allow for objective "truth". And that is the whole point here. It is all subjective. Now, with that said, the seller did in fact disclaim the coin as GEM BU. That entails a few "expectations" regarding the coin. First, that the coin is uncirculated. Now, regardless of any alleged damage, an uncirculated coin is uncirculated. This fact, however, has become a subject of debate and argument in the community (you can tell which side of the fence I sit on). Damage should be disclosed as damage alongside the grade instead of the grade being adjusted to levels that the grader believes the market may accept the valuation of the coin to be. The second "expectation" is that the uncirculated coin is "brilliant". With this, any copper coin should be expected to be fully to nearly red, and there should be minimal toning and impairment to luster on any other coin. Without this, then the "expectation" for the coin being "BU", or brilliant uncirculated, fails. Thirdly, we have the term "GEM" which entails that the coin has full, original surfaces and luster. So, in the opinion of the seller, the coin pictured should have been a fully brilliant coin with little to no impairments to the coin's surfaces or luster and had been in uncirculated condition, regardless of any numeric grade that was on the holder's label. If the coin appeared as such (or even closely enough since it is still subjective), then the matter of alleged "damage" must be considered. The only problem is that the coin was removed from its original sealed holder. At that point, it could be argued that any damage occurred only after the coin had been removed from its original holder. To know what the alleged damage to the coin actually is would be more helpful in determining how to advise you in filing your complaint. Remember, you entered into a legally binding contract that [B]neither eBay nor PayPal[/B] are a legal party to. Depending on the jurisdiction you are in and the amount of money the seller may be out, the seller may also decide to take action (most likely not, but all possibilities should be considered) to recoup against you as the buyer in what could be construed as a fraud. Yet, never allow fear to determine your course of action. Consider these things only to put into perspective the whole situation and to ascertain the seller's view on this case as well that you can step back and look at it in a completely subjective manner. And again, knowing the full facts of the situation would most certainly help to get a better picture of the situation and give a better opinion.[/QUOTE]
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