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<p>[QUOTE=&quot;Owle, post: 1533798, member: 22004&quot;]That is just so ludicrous as to defy common sense;&nbsp; when was the last time you saw a show dealer under-represent their coins?&nbsp; They need collectors, other dealers and investors for liquidity.&nbsp; If they do not have proper business practice they lose business or can&#039;t sleep at night.&nbsp;&nbsp; I have rarely if ever had coins a dealer grades XF or AU grade higher.&nbsp; I cannot think of a case where I bought from a show dealer who graded a coin as XF and it graded AU or similar case. I have seen plenty of cases where they are selling &quot;sliders&quot; as MS coins, but not the other way around. Another dealer was selling a couple coins as AU50; the coins graded XF details, cleaning.&nbsp; He charged me a $35 restocking fee and was not happy as it affected his bottom line.&nbsp; And he said he cannot in good conscience now sell that coin as a good AU50.&nbsp; That is the way healthy customer feedback works.&nbsp; He was too lazy to get the coin graded and too unschooled to know that the coin was XF not AU.&nbsp; Customers just want properly graded coins they can rely on the judgment of the dealer.&nbsp; Actually after asking a couple people today, it seems like this dealer does quite a few Massachusetts shows, I do not go to those shows so I was not aware of that. </p><p><br /></p><p>On some more laws on grading coins beyond the initial one:</p><p><br /></p><p><b>“When (if) you&nbsp; represent that a particular coin is a particular numerical grade, you&nbsp; have made an express warranty that the coin is, in fact, the grade you&nbsp; represented it to be, and if it isn’t, you can be held liable for&nbsp; damages.” </b></p><p><br /></p><p><br /></p><p>Do you think a Seller would be responsible for the grades assigned by third party graders such as PCGS, NGC or Anacs?&nbsp; </p><p><br /></p><p>For&nbsp; example, if a person sells a coin and advertises it as; “PCGS has&nbsp; graded this coin ms63&quot; would this make the Seller potentially liable for&nbsp; the grade assigned by PCGS if the coin turns out to be an au58?&nbsp; Thanks&nbsp; csw.&nbsp;&nbsp; <img src="http://forums.collectors.com/i/expressions/face-icon-small-smile.gif" class="bbCodeImage wysiwygImage" alt="" unselectable="on" />Matteproof</p><p><br /></p><p>ps.&nbsp; Frattlaw what do you think?&nbsp; Any ideas? Suggestions?</p><p><br /></p><p>&quot;You would be&nbsp; liable if you had a conflict of interest such as being a grader of the&nbsp; TPG company or an owner of the TPG (which assumes possible influence&nbsp; over the grade assigned to the coins) and other scenarios.&quot;</p><p><br /></p><p>Joe.&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; </p><p><br /></p><p><br /></p><p>&quot;NO&nbsp; you have&nbsp; recourse thru the TPG if the coin was/is misgraded. However if you&nbsp; doctor your images to to hide marks, grease streaks and the like then&nbsp; you are misrepresenting the coin and should be obligted to accept a&nbsp; return and refund the buyer&#039;s money in full. Same if you offer poor&nbsp; quality pics which do not accurately portray the item.</p><p>When you buy a car you sign a form releasing the dealer from liability for defects because they did not make the car.&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; &quot;</p><p><a href="http://forums.collectors.com/messageview.cfm?catid=26&amp;threadid=295472&amp;STARTPAGE=2" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://forums.collectors.com/messageview.cfm?catid=26&amp;threadid=295472&amp;STARTPAGE=2" rel="nofollow">http://forums.collectors.com/messageview.cfm?catid=26&amp;threadid=295472&amp;STARTPAGE=2</a></p><p><br /></p><p>As with the Numisgroup case, there was no statute of limitations on fraud.&nbsp; Fraud pretty much prevents legal defense on the case of sellers.&nbsp; </p><p><br /></p><p>Yes I have been willing to eat thousands of dollars of losses over the course of time shrugging off losses.</p><p><br /></p><p>When I sell all my coins get graded at NGC, PCGS or ANACS and then get run at auction.&nbsp; This gives the customer maximum security and confidence in transactions.&nbsp; I do not palm off problem coins on customers and never have.[/QUOTE]</p><p><br /></p>

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