Legal Question in Consumer Law in California

I bought a baseball card in an auction that stated sold as is/ where is and discovered the card is fake. Do I have any recourse to get a refund? I did understand the conditions but never thought the item would be counterfeit.


Asked on 7/20/16, 11:54 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

It really isn't possible to accurately answer you question without being able to read the full terms and conditions of the auction. The "as is/where is" clause you speak of might only apply to the condition of the card and not the authenticity. The auctioneer's reputation might be damaged for not making it right.

What if the card had been real but stolen? Would you be out the money when the real owner got the card back? That is why it is important to have the full terms and conditions reviewed by legal counsel.

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Answered on 7/21/16, 4:50 am


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