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<p>[QUOTE="Conder101, post: 1534210, member: 66"]It is not theft because the buyer can examine the coin, study it and decide if it makes the grade. If he thinks it does he buys, if not he passes. Since the buyer never gives up his money against his will it isn't an overt theft, although you could probably stretch it into theft by deception.</p><p><br /></p><p><br /></p><p>But did he make a description of FACT or of opinion? Since grade is always subjective, it is opinon. The TPG's call is also opinion. So what you have is a difference of opinion.</p><p><br /></p><p><br /></p><p>Law? And there is no express (Explicit) warranty, an implied warranty maybe but not an explicit one from just a grade on a holder.</p><p><br /></p><p><br /></p><p>Need to take it a step further "I guarantee that XYZ will grade it a Choice AU" Otherwise he is still just guarantying that HE says it is a Choice AU. He hasn't guaranteed that anyone else will. Grading is subjective and others can have different opinions so unless he states WHO will agree with him the guarantee is meaningless.[/QUOTE]</p><p><br /></p>
[QUOTE="Conder101, post: 1534210, member: 66"]It is not theft because the buyer can examine the coin, study it and decide if it makes the grade. If he thinks it does he buys, if not he passes. Since the buyer never gives up his money against his will it isn't an overt theft, although you could probably stretch it into theft by deception. But did he make a description of FACT or of opinion? Since grade is always subjective, it is opinon. The TPG's call is also opinion. So what you have is a difference of opinion. Law? And there is no express (Explicit) warranty, an implied warranty maybe but not an explicit one from just a grade on a holder. Need to take it a step further "I guarantee that XYZ will grade it a Choice AU" Otherwise he is still just guarantying that HE says it is a Choice AU. He hasn't guaranteed that anyone else will. Grading is subjective and others can have different opinions so unless he states WHO will agree with him the guarantee is meaningless.[/QUOTE]
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