Legal Question in Consumer Law in Pennsylvania

coin collecting; consumer protection

A recently widowed woman sold her deceased husband's coin collection to a dealer for far under the real value. The dealer claims to have sold the collection already. The transaction (between the woman and the dealer) happened a week ago. Does the woman have any legal recourse for getting the coins back or receiving a more appropriate price?


Asked on 7/01/09, 6:13 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: coin collecting; consumer protection

I am not licensed to practice in PA, but I am chiming in because there are ways a contract can be challenged. "Unfair" is not one of them. However, if the widow could prove she did not have the capasity to enter into a contract (she has alzheimers, she was under the care of a doctor and under heavy medication, she's clinically insane, etc.), the contract could be void ab initio. Moreover, an attorney should review the contract to see if the language of the contract provides any way out.

It requires a little creativity, and facts beyond what you have stated, but I just wanted you to know there are ways to get out of a contract under specific circumstances. If you think there are facts beyond just that the contract was 'unfair', you should see an attorney who can review the contract and the facts to see if there is a possible solution.

Best of luck!

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Answered on 7/05/09, 9:36 am
Greg Artim Morrow & Artim, P.C.

Re: coin collecting; consumer protection

I really don't see any recourse under the facts that you have listed. If I sell something to you for far more than its value, then its your mistake. (This happens every day in used car sales). If I sell something to you for far less than its value, then its my mistake. The courts typically do not look at the fairness of price in a contract. Its not the court's job to determine a fair price in a contract issue, its their job to determine whether the terms of the contract were complied with. If the dealer paid the monies to the widow and she accepted them, it sounds like a contract to me.

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Answered on 7/01/09, 7:41 pm


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