FRAUD CASE! >>> PLEASE HELP ME!!!

[Desperate4Help]

PLEASE PLEASE someone knowledged out there give me some advice! My fiance and I bought a 1.12ct. H-SI2 diamond (supposedly EGL certified) with a 6.5gram gold mounting for $6165.00. Within a day, I took it to be appraised and found out that it had been LASER-DRILLED and also that the supposed EGL certificate was fake (no match in EGL database). It was appraised at $4950 for the replacement cost. I went back to the jeweler ready to explode with anger, and he apologized and blamed it on his "cutter" who had sold it to him. We agreed that he would use $5,800 of the purchase price to find another diamond... So in other words, he's suppose to get us a diamond that will cost him $5,800 (no profit for him because of the mistake). He has said that he doesn't want his store's name to be dragged through the mud... So he knows he's in hot water. Now he has offerred us the following:
1.32ct. H-SI1 --- Ideal Cut with No fluoresence.
This stone is GIA certified and he has offerred to send it to GIA to have it laser inscribed with the number.

Would something like this really cost him $5800 or is he still trying to make a profit off of us.

PLEASE SOMEBODY OUT THERE HELP... It has been three weeks since he has been trying to find us another diamond... Should we accept this one or not??????
I need to let the guy know by tomorrow!!!!

By the way, we were told by a lawyer that we could sue him for $12,000 but that it would take about 2 years... The lawyer said that we should forget about suing and just use our leverage to get a better diamond out of the process.

THANK YOU to anyone who can offer me some advice.
Please email me at [email protected].

 

[Nomarian]

I did a search on the specs and found most of the diamonds that were ideal with the same specs and he is offering is about $6300.00 or higher. Granted, these are AGS0 diamonds I am looking up, but i would ask the dealer to see the certificate, so you can conclude if it is a good deal or not.

 

[cartetg]

get the specs on the stone - run it through the HCA...if it is really an ideal cut that would be a reasonable price from a Brick and mortar guy...might do better on the net but

5800/1.32ct = 4393/ct...not great but not a complete rip off I don't think.

Check the price stats for an H, SI1 1.00-1.49 in the link bar up top.

 

[jetcaptain]

I think that if I were you, I would take the attorneys' advice and try to get a better diamond out of the deal. I would insist that the jeweler pay for the second appraisal/evaluation--you should not have to pay for this twice under these circumstances. I would be upset under these conditions too, but keep in mind that it's possible that the jeweler is somewhat of a victim in this too, if indeed what he claims is true. But I definitely would not accept a second diamond without first having it thoroughly checked out by someone of your own choosing.

In order for any of us to help you out with what the second diamond he has offered might cost wholesale, can you provide us some more details? Is it really "ideal cut" (what are its measurements/angles)? Is it certified, and if so, by which lab? Polish and symmetry?

Also, I would be very cautious about using the word "fraud." You don't want to end up in hot water yourself! Instead, try to console yourself with the thought that you got a larger, better diamond for your trouble. Aren't you glad you had the first diamond quickly appraised?

 

[photogold]

$5800? Is that what you are paying out the door? Including Tax? Including the ring? Is he refunding the extra $365? If so, then that sounds like a good deal. Make sure that it is really ideal cut. Since it doesn't have an AGS report, you will need to get a Sarin report to get the cut information.

My first impression was to take the money and run, but this may be a better deal than you can get anywhere else. I suspect that he is still making some money though.

 

[RockDoc]

There is a lot more to this than what you've been told.

Demand a refund and find a dealer that will disclose all the proper facts.

Here's a guy who snuckered you once already, and you want to go back again????????????


Contact the appraiser gemologist you used and find out if he goes out to stores, pay him his hourly rate, and let him help you BEFORE you make a second selection.


This is a good point for all readers of the forum. Regardless of which expert you choose, relying on unseen opinion is not prudent. The best money you can spend in a diamond purchase is the money to KNOW that you didn't get taken.

Sure it may cost you a few hundred, but in the long run - don't you think its worth it? This should apply no matter WHO you buy from.

Rockdoc

 

[Rook]

Well RockDoc' advice may be the best and safest, depending on your thoughts of the jeweler's knowledge of the problem. If there is even a slight doubt in your mind that he knew this fact, get a refund, including cost of the appraisal, and go elsewhere. I am not sure, maybe Rock can answer this, but maybe it is near impossible for a jeweler not to know this, and if so, go elsewhere.

As far as suing him for $12,000, I would find another lawyer. Although, I am still a student, a semester away from finishing law school so take this as an opinion not as legal advise. You could only sue the guy to the extent of your damages. Your damages are basically your expenses, or the cost of the ring plus incidental costs for appraisals and so forth. I have not idea where you get $12,000!

Also, the lawyer needs to get paid, so your $12,000 is quickly reduced. Do not go using lawsuits to handle situations that can easily be handled without one.

I would go back and get your money back and start over. I doubt very much the jeweler will protest to this. The consumer protection against misrepresented sales of goods is pretty cut and dry and if the need did arise, this guy would definately lose. But lawsuits are a pain, they are long, they are expensive, and usually only lawyers really win in the case.

Unless, the diamond he has is really a great deal. Then maybe if you are very careful and have it properly inspected, you may get a winfall.

Good luck and be careful.

 

[justme]

Rook -

If I ever need legal advice I will be sure and call on you.

Your advice is logical, practical and ethically on target!

The world could use more commonsense advice lawyers and less 'go for the money' types.

Good luck

 

[Rook]

Thank you,

That is one of the best complements I have received as a ‘lawyer-to-be’. Of course I have been working for the state for a while as a clerk so I am not jaded as some lawyers can become.

 

[kt]

You can also look at this site:
jvclegal.org

It's the Jewelers' Vigilance Commitee and they keep track of jewelers and if they have had complaints filed against them. You can file your own complaint (if you want) and also check on the guy to see if this has happened in the past. If you decide on a refund and take the money somewhere else, you can also check on them as well.

We checked out the guy who is selling us our stone and his reputation came up clean as a whistle, which helps ease some anxiety as first-time-buyers.

Good luck!