That is true as well.  Umm...maybe I should have researched this a bit more before I jumped in... :(

I suppose we could implement a leveling system to determine such, but that might be a tad difficult to keep track of.  Then again we could just leave it up to chance.  In Kingdoms of Amalur: Reckoning and Diablo, you always had a very slim chance of finding rare loot at low levels.  It was more or less based on a percentagw than by the character's level.  I will admit too, I never really played much D&D, but I sorta know the basics of it.