caveat emptor?

[mrs taylor]

I posted this elsewhere but am asking here as well. I have a question for you knowledgeable people. If this is not the right section please let me know.

I have an estate jeweler by me that I love. I've bought many things from him over the course of a decade, and he's a nice guy. Everything I've gotten has appraised exactly as it was sold. I feel that he is an honest and trustworthy person.

IN the beginning of the year I bought a bracelet from him. It's an 18k yellow gold estate piece. I loved it, asked how much if I paid cash and said I had to think on it. Dh offered to do it for my birthday so I called him, asked him to hold it and told him I'd be in the following day with cash. Which I was. Walked in, handed him the money, he put it on me and I left.

Well, this past weekend I had reason to find out it's not 18k gold. In fact, it's not gold at ALL. I had him triple check for me before I bought it. He checked via a loupe and pointed out the hallmark, though I couldn't see it. There is SOMETHING there, but it's not 18k. So here I am, many months later after paying cash for something that is not what it was sold as.

My plan is to go see him today. It's possible that he'll want to make it right and correct the mistake. I don't know. My question is, where do I stand? I don't have receipt (he didn't give me one and I didn't ask) it's been a long while, but I paid many hundreds of dollars for something that is essentially costume. Is this on me? Is it MY fault for not having a second appraisal immediately to confirm it was real? My fault because I couldn't identify the hallmark myself even with a loupe? My fault for trusting him and now the time has passed where I could do anything about it? Or do I have a leg to stand on to push for a refund?

I'm asking because the information will help me when I go to see him. If I know he owes me nothing then I'll be approaching him differently than if I am entitled a refund. I'm going to be reasonable regardless but if push comes to shove I just need to know where I stand.

Thanks for your thoughts, and I hope this is okay to ask here.

 

[nararabbit]

I would approach it from the standpoint of "We have worked together for so many years and I've had nothing but good experiences shopping with you. When I found out this wasn't 18k, I knew I had to tell you right away!" As if you are embarassed for him, rather than accusing him (which you obviously aren't!) If he is like most antique jewelers, he remembers not only you, but almost every piece that has passed through his shop. I doubt you could get a refund now, but an exchange for an equal value item seems fair to me, especially if it's an unusual piece that is memorable (a plain snake chain, perhaps not..)

He may refuse and there isn't a lot you can do in that case, since so much time has passed and you paid cash, with no receipt. Let's hope otherwise though. And obviously in the future, you and he will be testing all your gold, AND getting a receipt.

 

[Enerchi]

ugh, that's a sticky situation! I would think that having purchased from him in the past and he did assure you it was 18K, that he would be upset to learn he mis represented an item for sale. I agree, telling him the news and then jointly working together to get an amicable resolution, is the best idea. I hope it works out for you - as customers are supposed to be always right, I hope in this case, he agrees!

Nothing worse than a bad reputation and I'm sure he doesn't want that!

Good luck...

 

[mrs taylor]

Hi there! I crossposted in hangout and I'm bringing the resolution here:

Happy to report a good ending. He was wonderful, remembered me and the sale, scoffed at the idea that it wasn't gold and offered to buy it back.

I was dodgy on the details until I got this hashed out. Basically I sold the bracelet with the information I had been given when I bought it. The buyer contacted me upon receipt of the item and let me know a jeweler told her it wasn't gold, and that she wanted to return it. I refunded her immediately and she then took it to another person who acid tested it and stated it wasn't gold at all.

So of course I'm all upset, get it back and trot down to the jeweler who tells me it absolutely IS 18k gold, and that if I was looking to part with it he was happy to buy it back. It was a piece he had really raved over when he got it in, remembered all the details of the sale etc. and said he had missed that particular piece.

So he bought it back, I'm a happy camper and feeling much much better. But yes, in the future there will be receipts for all the things.

 

[Enerchi]

Great resolution Mrs Taylor! Glad it worked out for you.

 

[JewelFreak]

Super ending. From what you said about the jeweler, I would've been surprised if he'd reacted any other way -- he sounds like a solid guy. I'm curious as heck about whether it is gold or not -- would tend to trust your jeweler, not knowing what sort of person your buyer took it to, but we'll never know! Glad all is well.