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<p>[QUOTE="DonnaML, post: 7297550, member: 110350"]I know nothing in particular about the law of auctions and the ability of auctioneers to successfully disclaim all express and implied warranties in connection therewith. But I think it's safe to say that you can't guarantee authenticity with one hand and disclaim that guarantee with the other. (And no, "we only said that it was authentically a piece of round metal" wouldn't cut it!) Furthermore, as [USER=104741]@Ignoramus Maximus[/USER] points out, representations as to provenance (especially previous auctions) are statements of fact, not opinions. However, there would likely be questions as to whether the misrepresentations were material, significant, etc. (for example, did the description merely get the previous date or lot number wrong, or was the supposed provenance entirely fictional), whether the buyer actually relied on the accuracy of those statements in making the purchase, and whether the reliance was justifiable if the buyer had equal access to the sources necessary to verify the stated information. If the misstatement on provenance is a minor, unintentional error and the coin is authentic, I doubt the buyer would have a basis for rescinding the purchase. If the provenance is entirely fictional and the coin is a fake, the buyer could probably get their money back on either or both grounds.</p><p><br /></p><p>This is all just talking off the top of my head -- not a legal opinion. And keep in mind that I'm hardly the only lawyer here, active or retired.[/QUOTE]</p><p><br /></p>
[QUOTE="DonnaML, post: 7297550, member: 110350"]I know nothing in particular about the law of auctions and the ability of auctioneers to successfully disclaim all express and implied warranties in connection therewith. But I think it's safe to say that you can't guarantee authenticity with one hand and disclaim that guarantee with the other. (And no, "we only said that it was authentically a piece of round metal" wouldn't cut it!) Furthermore, as [USER=104741]@Ignoramus Maximus[/USER] points out, representations as to provenance (especially previous auctions) are statements of fact, not opinions. However, there would likely be questions as to whether the misrepresentations were material, significant, etc. (for example, did the description merely get the previous date or lot number wrong, or was the supposed provenance entirely fictional), whether the buyer actually relied on the accuracy of those statements in making the purchase, and whether the reliance was justifiable if the buyer had equal access to the sources necessary to verify the stated information. If the misstatement on provenance is a minor, unintentional error and the coin is authentic, I doubt the buyer would have a basis for rescinding the purchase. If the provenance is entirely fictional and the coin is a fake, the buyer could probably get their money back on either or both grounds. This is all just talking off the top of my head -- not a legal opinion. And keep in mind that I'm hardly the only lawyer here, active or retired.[/QUOTE]
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