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<p>[QUOTE="medoraman, post: 946549, member: 26302"]They both made the same mistake, and lets assume its an honest mistake. There is no deception, the seller did not warranty that a TPG service would grade the coin a certain grade. The seller had ample opportunity to inspect the goods, so there is no deception at all. It is the buyer's responsibility to inspect all goods prior to acceptance, unless he has a contract otherwise. In that situation, he could offer to buy the coin PROVIDED it graded at or above 60 from a TPG'er. Failing that, he looked at the coin, and bought it. Even if the seller KNEW the coin was AU, he still gave the buyer a chance to inspect it. The buyer cannot claim, "I didn't know any better". That is not an acceptable defense.</p><p><br /></p><p>Sorry to be legal, but those are the legal facts, and I agree. A grade is simply an estimation as to a coins condition, not a written guarantee. If the buyer wants a guarantee, he should obtain one before buying it.[/QUOTE]</p><p><br /></p>
[QUOTE="medoraman, post: 946549, member: 26302"]They both made the same mistake, and lets assume its an honest mistake. There is no deception, the seller did not warranty that a TPG service would grade the coin a certain grade. The seller had ample opportunity to inspect the goods, so there is no deception at all. It is the buyer's responsibility to inspect all goods prior to acceptance, unless he has a contract otherwise. In that situation, he could offer to buy the coin PROVIDED it graded at or above 60 from a TPG'er. Failing that, he looked at the coin, and bought it. Even if the seller KNEW the coin was AU, he still gave the buyer a chance to inspect it. The buyer cannot claim, "I didn't know any better". That is not an acceptable defense. Sorry to be legal, but those are the legal facts, and I agree. A grade is simply an estimation as to a coins condition, not a written guarantee. If the buyer wants a guarantee, he should obtain one before buying it.[/QUOTE]
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