[mcflysportscards]

heres the title,

" 2012 Topps Allen & Ginter Yu Darvish Autograph Rookie Auto Framed Mini Box Top "

That doesnt sound like a Yu Darvish Auto card? Yes we've already been threw the whole reading the description. But that is obviously mis-leading. Its set so that if you search for Yu Darvish auto this will show up. it doesnt say "Homemade cut from top of A&G box Yu Darvish Auto Look-a-like personally put into frame by me!" ...obviously that wouldn't bring $178

"Please note this card is not from a pack, and does not have an actual Yu Darvish autograph. "

The title is misleading, but the seller does have this disclaimer in the auction. I do not think the buyer will be able to receive a refund as he received exactly what is described in the auction. I do not agree with what the seller did, but the buyer should beware. And read the entire auction description before placing any bids, especially one that sold for over $170.

[uvaspina]

"Please note this card is not from a pack, and does not have an actual Yu Darvish autograph. "

The title is misleading, but the seller does have this disclaimer in the auction. I do not think the buyer will be able to receive a refund as he received exactly what is described in the auction. I do not agree with what the seller did, but the buyer should beware. And read the entire auction description before placing any bids, especially one that sold for over $170.

A disclaimer is something that specifies or qualifies a statement. A disclaimer cannot, however, negate a prior unequivocal statement. BestBuy cannot advertise TVs for one price and then say in fine print that the actual price is twice as much. Kellogg's cannot write on the front of its cereal box "0 grams of sugar" and then list the actual sugar content in the ingredients. No way, no how.

[zeprock]

My two cents.

I've been cutting cards out of boxes for the past 42 years. I would never sell one. They are part of my collection and I DO feel like I have a rare card. How many people have a Brooks Robinson blank back actual size from a 1970 box of Kellogg's cereal or a Frank Robinson from the following year. Heck back in the 60s we were cutting them off the backs of the Post Cereal boxes and Jello boxes. I don't think mine are all that much different and I know mine are not worth anything but they are worth something to me. They are oddball additions to my player collections.

Maybe the buyer wanted a "rare" card. However, I seriously doubt he would pay that much for one if he wasn't clearly misled. Shame on him for not reading the fine print.

Shame also on the seller. As others pointed out, he did clearly state in his disclaimer what he was selling for anyone who would take the time to read it. I do believe he will get burned down the road. Probably in the afterlife when he goes to a very, very hot place.

[Vols-1]

A disclaimer is something that specifies or qualifies a statement. A disclaimer cannot, however, negate a prior unequivocal statement. BestBuy cannot advertise TVs for one price and then say in fine print that the actual price is twice as much. Kellogg's cannot write on the front of its cereal box "0 grams of sugar" and then list the actual sugar content in the ingredients. No way, no how.

You think I can get my money back from Kelloggs for writing autograph on the box of baseball cards LOL. I think the term "auto" is more of a generic term used in headlines to quickly help describe cards with facsimile signatures because only so many words will fit in a Headline. I always just took it as a play on words. You see the term used with old and new items.
http://cgi.ebay.com/ws/eBayISAPI.dll?Vie...true&rt=nc

[zeprock]

Hey!

There's my blank back Brooks Robinson before I cut it off the box!

[bonds20001]

Since he said AUTO and autographed in title, I think he is misleading. He makes it sound as if the card was cut and then autographed. The picture of an autographed card from box top would not deceive, but since auto is 2X in title, it was meant to deceive and I bet any judge would think the same..