11/5/08 – Buyer
contacted me about purchasing a Robert Fitzsimmons signed cabinet card
from my web site. Buyer asked if I accept the opinion from third party
authenticators and I told him no with an explanation why through
personal experience with them. Particularly a company called PSA/DNA.
Buyer agreed this company had a bad reputation and wanted to know that
if I don’t accept third party opinions, would I at least send the item
for him to examine to render his own opinion. I agreed telling him I
had a 14 day no-questions-asked return policy and he could have it
authenticated or return it for any other reason within that time
frame. I then sent the item to him through mail.
11/10/08 – Buyer
contacted me and said he liked the item and believed it to be
authentic through exemplars he has obtained and opinions of other
collectors. The agreed purchase price was $4,500 and he told me he
would start making payments in installments.
11/14/08 – First
payment of $2,000 received and deposited.
11/26/08 – Second
payment of $1,500 received and deposited.
these dates buyer contacted me, told me he loved the item he
purchased and that he had it professionally framed and matted.
12/15/08 – Third and
final payment of $1,000 received and deposited. Around this time I
asked buyer if everything was OK explaining I reinvest my money into
the hobby and want to be free and clear before moving on. I got the
1/22/09 – I was
contacted by buyer who informed me the item was sent to a third party
authenticator JSA. The buyer told me the authenticator told him it was
a rare autograph and only about 15 existed. He also stated the
authenticator told him he thought he had seen it somewhere before. The
buyer had a negative demeanor acting as though it was going to come
back with a negative opinion. I was upset the original terms were
1/22/09 – I sent an
email stating if the item is rejected I want a copy of the rejection
letter, the references they referred to and a specific explanation of
why the item is being rejected. Buyer replied with his own email
stating he was 100% sure it is authentic.
2/5/09 – Buyer
contacted me by phone stating he still hadn’t gotten the item back from JSA
but from the other examples he’s seen he knows it’s real and is
keeping it regardless.
2/10/09 – Buyer calls
and asks for his money back because the authenticator would not give
him a LOA. I asked for a letter of rejection, with an explanation of
how and why along with the examples they referred to. He said he
didn’t have one. He told me he called the owner of JSA, asked what was
taking so long and told him to just pass it and stop being a baby
about it. He told me that’s when the item was sent back to him with
his payment with no opinion rendered. At this time I told him it’s not
fair for him to ask for his money back without the item being
rejected, with no evidence to support such and with the time period
that had elapsed.
4/4/09 – I received a
call from the buyer telling me the item was sent to another
authenticating company PSA/DNA. He claimed the item had been rejected
and that they sent a letter stating the letter formations, slants,
spacing and ink are all inconsistent with the signature of Robert
Fitzsimmons. I told the buyer that the letter is vague and
unsubstantiated and told him to send me a letter of rejection with the
examples they referred to with specific reasons why it was being
rejected. Again I never received.
4/4/09- A second phone call received
from buyer telling me that I should refund their money or everyone is
going to be told I'm a thief and that I sell forgeries. I told the
buyer that's an inaccurate statement and challenged them to prove that
in a civil court with their authenticator present or with any
evidence, from their authenticator or otherwise, they could provide to
4/30/09 – I’m served
with court papers.