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Posted 6 Months ago
LambdaWoman
Senior Boarder
Posts: 48
graphgraph
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I was reading this article in M.A.D. http://www.maineantiquedigest.com/articles/ civi0699.htm And was struck by the paragraph wherein the dealer was getting sued for paying beneath market price for things. Isn't the whole business about paying beneath market price and then selling at market price for-pardon the obcenity-a profit. If I make someone an offer and they accept it at which point am I commiting theft? If I get the object for 1/100th market;1/10th market ;1/2 market?
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Posted 6 Months ago
Brian E
Junior Boarder
Posts: 37
graphgraph
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I made a longer post on this a while back, but here's the short version of what I understand to be U.S. law:

To win a lawsuit alleging that the price agreed to by the buyer and seller was too low, the seller would have to show one of the following:

(1) Intentional fraud. 'The buyer knew my Tiffany vase was real, but he told me it was a fake and only worth $10.'

(2) Breach of fiduciary responsibility. 'I hired the buyer as an appraiser/auctioneer/estate sale company/attorney/etc., and she took unfair advantage of that relationship.

(3) Legal incompetence. 'The seller was under 18, mentally ill, or otherwise unable to enter into a binding contract.'

(4) Local or state statute. I'm told that some states have laws which presume that anyone paying less than 10% of value is fencing stolen property. Haven't seen the statute itself, though.
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Posted 6 Months ago
Hdkujrox
Senior Boarder
Posts: 46
graphgraph
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In case anyone cares, and I am sure the don't, in the Scandinavian countries there are laws against charging unreasonably much above market-price. In addition, in Norway and Island, perhaps also Sweden and Denmark, the court may change any contract that is an unreasonable burden for one on the parties (e.g. a seller if the price is much below the market value) in such a way that in no longer constitutes a burden (e.g. the price).

So, now you know that! Great, huh? Btw, I posted a question a while back regarding a brass kettle with an 'eagle-on-a-globe' mark in the bottom, and received a overwhelming response of no (nil, zero, nothing) replies. If anyone should have information that may be of value in this respect, do not hesitate to let me know, though.

Cheers,
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