Dilemma of Warped LPs - is seller liable?


I have bought a few LPs, mostly on e-bay, which were advertised as Mint or Mint minus and they arrived so severely warped that they couldn't be played, as they hit the suspension of the cartridge. I have not claimed a refund from the sellers, since they were Mint in appearance in one plane:) - question: should the seller refund the purchase amount in these circumstances? I have assumed that the seller did not know and sold the records in good faith. The seller obviously did not play them, I assume, of course. I guess my philosophy is if you buy a used item, you take a chance.
springbok10
This is a sore spot for me too living in Texas. Nearly every album I buy from local stores is warped to some degree. Most are still playable, but it still bothers me. I'm also in the wine business and deal with this regularly from distributors trying to sell cooked wine. Just last month I was talking with a trucking company that regularly delivers wine to Austin in the summer and they admitted they never use refrigerated trucks. That means the wine is transported thru Death Valley at who knows what temp with no real protection. Either way I think it's bad business and tries to take advantage of people. I don't think the local record stores and wine distributors like me too much but until they start taking their own business more seriously I don't care. However, with Ebay, and a sealed album, I'd have some trouble expecting a refund from a small private seller that had no way to know if the album was warped. A big store on Ebay I would expect more help from. Personally, if I sold a sealed album to someone and it turned out warped I would refund their money with no issues as otherwise, no matter what my good intentions were, I sold a product that was not what they were expecting. I wouldn't feel right about that.
Post removed 
most mint records are graded visually, but warped is warped and is junk unless straightened...get a refund
I purchased a tull record for $65.00 from a large seller on ebay that was sealed. He even puts in his ads that because the record was sealed he gives no warranty and you can't return it. Ebay did not agree with the seller and forced him to refund my $65.00. Get your money back. I would also like to agree with some of the other posts. Many sellers give you the refund.
often with these old new stock sealed Lp's that have been sitting around for 2 decades sealed in plastic are almost always warped. Probably better to buy a used open copy in NM condition.