Comment by DB on December 27, 2011 at 4:04pm

Thus @steve or zipper one would have to prove that the seller knew it was a fraud!  Now, do you think that would happen in this case since it's certified.

@Steve; one should take with a grain of salt all statements made around here legal or otherwise ;-)

 

As is is a legal term used to disclaim some implied warranties for an item being sold. Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it, or obtain expert advice.

On the other hand, the phrase "as is" does not disclaim express warranties, such as those created by the seller's description of an item. In other words, the item may be sold "as is," but if the item does not conform to the seller's description, the buyer has a right to reject it.

For example, a seller of a used automobile sells his car to a buyer, and puts into the contract of sale the statement: "The buyer accepts the automobile AS IS, WITH ALL FAULTS." Two minutes after the buyer drives off with it, the engine seizes, and the car stalls. Unless the buyer can show that there was some fraud involved, or the seller breached an express warranty, the buyer is not entitled to a refund.

Comment by DB on December 27, 2011 at 4:15pm

@Rick, not necessarily accurate.  Ran into a case where the item was evaluated in person (i.e. inspected), paid for and then removed by the buyer.  Item was disputed subsquently.  Seller claimed that the item was examined in person and contrary to expressed warranties the item was still purchased.  The CC company found for the seller and reversed the dispute.  Had the buyer not taken possession it would have created a different circumstnaces w/i the rules and practices (that most don't know about) that are established by Visa/MC and not those who issue out (as in banks) the cc.

Comment by Rick Meyer on December 27, 2011 at 5:05pm

Hmmmm. Not advising it but out of principle if that were to happen I would let that card go and suck up the hit on my credit report. Just me though.

Comment by David S. on December 27, 2011 at 5:42pm

Rick, that will probably act like my suicide bullet, should all other avenues prove fruitless.  I have more or less decided that this amount is not going to be paid.  I will deal with the collection company if I have to.

Comment by DB on December 28, 2011 at 12:41am

there is also a premature presumption of this being a forged item.  It's a hard lesson but when you make a sizeable purchase, always have a picture of the item and a picture of the cert while doing one's homework first.  Many places count on impulse buyers and the associated habits as how could anyone think that an establishment within Planet Hollywood could be possibly or knowingly selling "non-authentic" material.  Key operative word; Knowingly and the old adage of it doesn't have to be "authnetic" just "certified".

someone suggested PSA/DNA but we have also seen in a court of law against an independent authenticator their claim of it being non-authentic was dismissed with the seller winning the argument.  Getting an opinion is just that.   While it might provide leverage it's not the silver bullet that some think it is.

Comment by Stephen Duncan on January 1, 2012 at 6:06am

Las Vegas = Sin City. 

Comment by David S. on January 5, 2012 at 3:33pm

I just received pictures of the drum head and the certificate, but I'm not able to upload them here for some reason.  I sent them to Steve, but I would welcome any other opinions as well, and can email them to others, and perhaps someone knows how to adjust them so they can be uploaded to this site.  Thanks.

Comment by David S. on January 5, 2012 at 4:57pm

I was able to upload the pics from my other computer.  Hope to get some good opinions.

Comment by Steve Cyrkin, Admin on January 5, 2012 at 5:15pm

David,

I just got off a long call and saw your emails, but I'll answer you here. Unfortunately, this is one of those ridiculous forgeries, of the kind that seem to produced by or for Gallery of Dreams in Southern California. Gallery of Dreams is the same company American Royal Arts got the fake guitars the used altered photos to sell.

The COA doesn't ring a bell, but Christopher Morales was listed as Gallery of Dreams' authenticator under their executive profiles. This appears to be the retailer's COA, and it may come from a time before Morales worked for GofD. Tell the pawn shop that sold it to file a police report against the seller—no doubt they knew they were committing fraud when they sold it to them. They can contact me and I'll fill them in.

Comment by David S. on January 5, 2012 at 5:35pm

Thanks, I am going to forward your information to them, and vice versa.  I have the email address of the gentleman who sold it to me, and also the email of the Assistant General Manager.  I just sent the salesman a text stating I had an expert look at the picture, and you said every signature was a forgery.  I appreciate your help so much, and now we'll see what their reaction is.

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