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<p>[QUOTE=&quot;Burton Strauss III, post: 2310535, member: 59677&quot;]Coinchem-</p><p><br /></p><p>BIG differences between the two parties to the original grading contract and what can be assigned to a subsqeuent owner of the coin.</p><p><br /></p><p>The old common law doctrine of first sale: basically after its sold the original seller has no rights over what the buyer does with it. If you buy a dozen eggs from the supermarket they can&#039;t tell you can&#039;t use them to egg somebody&#039;s property. That&#039;s a civil matter ( or maybe criminal mischief) between the egger and the egge. That&#039;s why under common law, the TPG can&#039;t force you to return their &quot;rare error&quot; (typo).</p><p><br /></p><p>Rights and obligations under the contract can only be assigned if the contract permits it. &quot;you or a subsequent owner may return the coin for review ...&quot; or similar language allows an assignment of your contract rights. If all it says is &quot;You may...&quot; then the guarantee would be void when you sold the coin.</p><p><br /></p><p>Similarly if the contract says that &quot;you agree to return the coin at your expense for correction of a mechanical error in the slab label&quot;, and you refused to do so they could in fact sue you for specific performance. Even to some extent, the contract may transfer to some future owner, because the original contract limits your ability to deliver a clean title without transfering the obligations (&quot;you and future owners agree to...&quot;).</p><p><br /></p><p>You can put pretty much anything into a contract unless it&#039;s a violation of law or against public policy and maybe get a court to uphold it. Sometimes the only barrier is whether you&#039;re willing to pay lawyers to take it to court. There have been a lot of cases recently where the terms of sale (which nobody reads) prohibit posting negative reviews. Whether those are really legal would come down to free speech, disparagement law and contracts law and how they all come together... but meanwhile for you to find out you&#039;re spending thousands of dollars in legal fees and they&#039;re destroying your credit. Which is why Congress is looking at a law to make these clauses illegal.</p><p><br /></p><p>TPG-x made a glaring error in slabbing my coin is probably ok - it&#039;s factual.</p><p>TPG-x is nothing more than a bottom dwelling catfish because they made a glaring error in slabbing my coin - is that protected hyperbole or disparagement?</p><p>All TPGs are bottom dwelling catfish because X made a glaring error in slabbing my coin - is THAT protected hyperbole or disparagement (and against whom?)?[/QUOTE]</p><p><br /></p>

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