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PGM Spider-Man #41

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Just had this come in from eBay where it was listed as a 8.0? . Obviously I didn't bid thinking it was an 8.0 but i did miss the tear in the rock area below the Rhino's left fist. I am wondering what this would do to the grade and debating about whether to initiate a return or not based on the tear not being disclosed in the description. Any help would be appreciated. The tear seems so obvious now but I saw the listing late in the auction and bid. Maybe this one is on me for not catching it or is there responsibility for the seller to disclose it?

 

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