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AV_

Ideal_Rock
Joined
Aug 5, 2018
Messages
2,632
I do have the invoice and wire-confirmation showing the $70K which I received for it. I can forward those to her.
You mention that over your communication with this client, it was stated that the price paid by the (third party) buyer is the number that counts toward the price of the upgrade. I would assume that some of this is in writing and that you can also remind your client of it.

In all this charade of a transaction, the money that has not changed hands stands out as the only part for which no written prior agreement nor records of account opperations exist.

.

Your client is defending the value of diamonds by awfully improper means. I am trying to imagine her begrudging the 'haircut' & possibly acting in good faith until considering a return - at which point the total cost of the new diamond from transactions counted since the purchase of the trade-in, must have stood out as due in a very wishful way: nothing would be left upon return except that loss.

This is down to a nice choice between a 13K loss and a hard rock.
 

Bonfire

Ideal_Rock
Premium
Joined
Feb 22, 2014
Messages
2,903
Wink,
I’m sorry you find yourself in this unfortunate situation. Admittedly by you a few misteps occurred. You really can’t afford anymore. Get legal advice. You have been in business a long time and your reputation is extremely important to you and well deserved. I wouldn’t let this woman use that vulnerability as leverage to extort you. Get a professional to help you sort this mess out. Good luck, you don’t deserve this.
 

AV_

Ideal_Rock
Joined
Aug 5, 2018
Messages
2,632
AUS buyer at full price out of the blue could do;
 

prs

Brilliant_Rock
Premium
Joined
Dec 26, 2017
Messages
835
@Wink all those advising you to dash out and hire an attorney have probably never hired an attorney. The going rate for a decent attorney is at least $400/hr, and the $14,500 at risk here would be eaten up in no time at all if a legal battle ensues.

Having said that, if your client is not from Idaho, she would be faced with having to hire an attorney in her home State, and they would have to hire an attorney licensed to practice in Idaho in order to file a suit against you in Idaho. In other words her claim to $14,500 would be eaten up in double dip attorney fees in next to no time!!!:dance: So she has much more to lose than you in any legal battle.

One possible course of action for you might be to tell your client that under the circumstances no return is possible. Any attorney she consults is going to want to see all her documentation, and then demand a huge retainer because they'll quickly figure out this case is a loser! It's possible she'll just go away at that point, or she'll lower her demand to the correct amount.
 
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Bron357

Ideal_Rock
Premium
Joined
Jan 22, 2014
Messages
3,615
As others have suggested, I suspect her whole purpose was to get the full retail price previously paid value for her old diamond off someone, and that someone is you.
She cannot legally dispute the fact that you only received $70,000 for her diamond and $48,500 from her so her question will I get “all my money back” can only relate to what money they was. In this case, yes, you will have to wear the trip cost because you accepted $48,500 instead of $50,000. She can’t ask for any more money because there isn’t any more.
I’d be gathering up all your papers and receipts and telling her that she can only receive in return her $48,500 which means you have paid in full for her trip and the whole proceeds from the sale of her old diamond, being $70,000. AND you must now deal with a third party escrow service. You will need to be engaging a lawyer and further correspondence from her needs to be directed to the lawyer, not you.
You want to be 110% sure you are not only receiving back the diamond she went home with but also it is in the exact same condition as delivered to her.
I wouldn’t trust her 1 inch, she could try palming off another diamond, a fake diamond or the diamond you sold her with “damage”.
Hard lesson, never again, but be comforted that 99% of customers are NOT of her ilk. No more Mr Nice guy, now it’s Mr Business man with strangers until proven a valued customer.
 

whitewave

Ideal_Rock
Premium
Joined
Feb 29, 2012
Messages
8,643
I’m no lawyer, but my MIL is a defendant in a frivolous (seriously) probate lawsuit that is— are y’all sitting down?— 12.5 years old now. It was supposed to go to trial 2 weeks ago but was continued until the end of this month. She had a touch of dementia now so I’ve been handling this for the last decade with several lawyer changes (death, move out of state etc). So I’ve kind of picked up what the points are and I seriously think only a bad lawyer would take her case. (But look, the plantiff in my case has a stupid, bad lawyer). So in 12.5 years, DH and I (paying her bills) have spent about $28,000 on a defense for a stupid hissy fit that has languished.

(Please pray the trial is actually when they say it is
now because if we get to year 13 this summer I’m going to lose my mind)

So it could happen, but most likely not.

I love Garry’s suggestion of getting her the same stats diamond back. How could she say no? It’s super reasonable, though I would be concerned she would consider that suggestion as you admitting fault?

I hope you don’t have a stage 5 clinger like I do.
 

pearaffair

Ideal_Rock
Premium
Joined
Jun 15, 2015
Messages
2,072
Wink, what is your biggest worry?

Bad karma? Bad reviews? Bad sleeps?

And btw, if you’re giving out free trips to Boise, I’ll take one :P2! I’m being cheeky but I’m hoping to help you see that that is crazy and sets a poor precedent (emphasis on Poor! Because that’s what you’ll be if you have a reputation for being easily taken advantage of...)

Hope you don’t mind my cheek, I’m really truly sorry you’re going through this but I’m also wondering why you’re posting here instead of the Facebook group Jewellers Helping Jewellers. Maybe you need to join?
 

Jimmianne

Ideal_Rock
Premium
Joined
Dec 9, 2013
Messages
5,246
Several people have asked why the OP is posting here. Wink is trade, AND he is one of us. He needs support and we always do our best to support one another.
 

Rpb

Shiny_Rock
Joined
Apr 2, 2018
Messages
317
So sorry that you have to go through this ordeal @Wink, please do not let this woman get away by conning you of the additional money...infact please ask her back for the trip reimbursement as she isn't keeping the diamond any more... hope this all gets sorted for you amicably...
 

Bron357

Ideal_Rock
Premium
Joined
Jan 22, 2014
Messages
3,615
Wink is Trade but he is a long standing, well regarded member of the PS Community.
Whether or not he takes our advice or whether or not our advice can help, here he can be a person and express his feelings.
Trust me, unless you’ve been scammed you don’t know how shocking and upsetting it is.
It’s not just about the money, it’s the pain (and maybe even shame at being conned) and shock that someone has and is purposefully manipulating you and you were/ are totally unprepared.
Decent people think the best of others, they assume dealings with others will be fair and reasonable but Wink has been absolutely blind-sided by this customer.
Wink had gone all out being the excellent and helpful vendor, he searched high and low and snagged a fantastic price for the buyers old diamond to reduce her loss (after repeatedly and firmly telling her she can’t possibly expect to recoup a retail price upon resale of her old diamond) paid for her to fly down and view the new purchase, gave her an invoice for the original retail price,as requested by the customer, for insurance purposes, offered his 30 day return and refund period as well as his generous “upgrade later” policy.
And if it’s not bad enough that the deal has fallen through (Winks time and effort has a $$$ value), and he is out of pocket the cost of flying her down, her true motive for the requested adjusted invoice and her question “will I get all my money back?” Is revealed - she bought an $83,000 diamond she couldn’t return to the original vendor for full refund and she couldn’t sell anywhere else for the $83,000 she wanted, so Wink was her Patsy.
And that feeling hurts, it hurts a lot.
 

nala

Ideal_Rock
Premium
Joined
Oct 23, 2011
Messages
3,298
@Wink all those advising you to dash out and hire an attorney have probably never hired an attorney. The going rate for a decent attorney is at least $400/hr, and the $14,500 at risk here would be eaten up in no time at all if a legal battle ensues.

Having said that, if your client is not from Idaho, she would be faced with having to hire an attorney in her home State, and they would have to hire an attorney licensed to practice in Idaho in order to file a suit against you in Idaho. In other words her claim to $14,500 would be eaten up in double dip attorney fees in next to no time!!!:dance: So she has much more to lose than you in any legal battle.

One possible course of action for you might be to tell your client that under the circumstances no return is possible. Any attorney she consults is going to want to see all her documentation, and then demand a huge retainer because they'll quickly figure out this case is a loser! It's possible she'll just go away at that point, or she'll lower her demand to the correct amount.
This. That is why I was hesitant to suggest a lawyer. Now i know that in the past, PS has come together to create a gofund.me. Without offending Wink or anyone, is that something this community would be willing to do to help him hire a lawyer? Pleas e feel free to report and remove this comment if it’s not appropriate.
 

srke

Shiny_Rock
Joined
May 10, 2017
Messages
110
It is certainly not a misunderstanding on her part as no reasonable person can possibly be expecting to get back more money than what they actually paid. Whether it was all premeditated or whether, having decided to return the stone she realised she was left with only that 14k loss and nothing else, and so tries to make you fill the hole of her own making, who knows.
Either way, I don't think any contortions of logic would make anyone believe that she had misunderstood what you meant in your email about the return and think that you said youwould essentially pay her 14k out of you own pocket if she did not buy from you in the end.

I am wondering however what the invoice looks like and whether she is pointing to a piece of paper that is only stating that she paid to you a diamond worth 83k +48.5k cash. Or does it make clear the diamond appraised at 83 but for a trade in value of 70k?
If it is the former, I don't know if it will put you in a tougher situation as she might essentially argue that she traded it in at 83k,and then you sold it on for 70k (but that ultimately it is not her concern, since you were the buyer of her diamond rather than a broker for the sale, how much you ultimately sold it on for). In that situation I would hope the context of your earlier conversations would make it clear that her trade in was only ever valued at 70k and was the only amount for it she actually 'paid'. However I am not a lawyer and so not know how each scenario will be considered.
My concern is that you mentioned you would accept the inflated amount as the value for a future upgrade. Was it clear in that case that said value was conditional on it being only applicable in the event of an upgrade? Or does the invoice basically look like the value of her transaction was an 73 diamond +48.5k cash?

I agree though about trying to see if she will accept as refund if you can get a similar stone (if you are unable to negotiate a return from the person you sold to) with similar specs that appraises at 83k or more. If it is a case of her not having planned to scam you all along, but just realising she has come out of it all with no stone and 14k poorer, a replacement stone might make her happy enough to go a away.
 

OoohShiny

Ideal_Rock
Premium
Joined
Apr 25, 2014
Messages
6,339
Please contact a lawyer Wink. I don't know what her motives are, but I do know that one can't communication rationally with an irrational person, and one can't communicate honestly with a thief.
This.

She could be a narcissist - and as one of my best friends is currently going through a divorce from one, I am only too aware of just how utterly, unbelievably ridiculous and twisted their 'logic' is.

Us sane and normal people cannot argue with such people, or imagine the twisted thoughts of those who seek to defraud us, as it's impossible for us balanced and 'normal' humans to think like someone who has no reasonable logic to their thoughts, has a completely different (or completely lacking) moral code to the rest of us, and is actively spending all their time and energy thinking up ways to 'beat' an innocent victim of their attention - whatever you might think they are going to do, they are already one step ahead or will twist what you do to suit their needs.


I think this is a classic case of 'no good deed goes unpunished', or however that observation goes, and if this is the first time in a multi-decade career you have had to deal with someone actively trying to defraud you and abuse both the trust you place in people and a momentary lapse of cautiousness, you should feel very blessed to have only dealt with good people for all that time and take comfort from the fact that you have built up such a strong and loyal customer base from your dedication to good customer service and high quality products.
 

rockysalamander

Ideal_Rock
Premium
Joined
May 20, 2016
Messages
5,019
I'm so sorry Wink. I'm heart broken over this violation of your kindness and trust.

I do think consulting and attorney will be wise. You are well over small claims limits, so small-claims court it out. She is really trying to get back the difference between her trade and the full retail price. All other details of the transaction are really secondary. If you have email communication between you and her in which she agrees to the $70k and not $83k, than the trade aspect is clear. The sale of her diamond is a separate transaction in that you simply operated as a broker without a commission, per se. I think the above, used-car analogy is very similar to this situation. First, nobody will pay me full-purchase value for my car. Second, once that car is traded for X dollars, the car is gone. If I elect to apply that money to another car, that is a second transaction.

My personal inclination is to fight injustice, but as a business person you have a totally different perspective to consider. So, here is where I sound like a jerk and made some assumptions.

Since you said she bought the diamond for $83k retail, I'm going to assume that is someone who can afford to drop that kind of money on a diamond and subsequent upgrade ($50k). That likely means either she or someone else in her life has deep-pockets. It follows that they also have lawyers to call on a whim. The cost of that may not be more than a day at the spa for her. For you, more than an initial consult, you will likely eat up just as much as she is asking. Lawyer fees and such can really eat up money fast. {I'll note that we have had a poster here looking to spend a similar amount and worked hard to earn that money, so I could be totally wrong}. But, maybe your conversations revealed to you where she stands financially. Is she a trust fund baby? A working woman who earned her money? A wife of someone of wealth? Can you google her and get some background? If she told you the name of the place she bought her $83k diamond from, you might call them and just have a "reference" kind of conversation. People often dish on the wealthy.This should give you some perspective on the "risk" side of the equation.

How to move from her to never speaking to or about her again? You can't. You (or a mediator) needs to speak to her and listen to her true/underlying interest. Is it really about the money or does she want a diamond? It may turn out that whomever controls the purse strings is actually underlying the return and, in the end, it is satisfying that person that is what is going on. She may have walked into Tiffany and "fell in love". Maybe that first diamond was a gift and the giver is now pissed and that has meaning to her? Maybe she decided she wanted something else and this diamond "used up" her allowance? If you can get to her true, underlying interests, you can get to a "wise" solution that actually solves both your and her needs. Its not easy and requires a lot of communication...which is made harder when you are being unfairly treated. Maybe an employee is the better person to have this conversation. Or maybe hiring a neutral mediator should follow speaking to an attorney. Its about identifying who has the skills to get to a those underlying interests. We are assuming that her interest are money, but maybe something else is going on.

Are you sure that her diamond has already been sold by the buyer? If not, maybe they will be willing to unwind the sale and you can return her diamond to her -- if that is what she wants. Replacing the diamond might also be less costly to you in the end. Could you give her a CBI at cost that was the same size and specs of her traded diamond -- is that less expensive for you than the money she is demanding? She is now educated about diamonds and maybe if you gave her a CBI as a replacement for her trade, she would be satisfied. If no, the question is how much will it cost (money and stress) to go beyond a lawyer consultation and is that worth the cost? Make sure you get that information up-front from an attorney before you go too far. The amount she is extorting is HUGE, but lawyer and court fees can also get huge. Maybe an attorney will take this pro-bono for at least some aspect, but you'll have to see where that takes you. Whatever you do, I think escrow and binding documents with signature will be important, so a lawyer will need to be involved any way you look at this.

Like others have said, I think you'll need to learn from this and make sure you look at your paperwork and return paperwork in a contractual perspective. I wish I still had a copy, but I bought a antique ring as a gift. The receipt I was given has space to show the math you are describing. After all the math, it said "In the event of a return of the sold item within the allotted 30 day period, and assuming the items is as-sold condition, the buyer will be refunded $___________ or ______________________ will be returned. The terms of this sale are binding upon the initials of the buyer and seller below." I may not have that exactly right, but I though it was quite clear. The seller made sure to insert zero or a strike though where relevant.

Your kindness and trust in humanity should not cost you this kind of money. But, in the end, it may be less expensive to simply pay her -- which is what any good scam artist already knows. But, paying her has a emotional and ethics cost too. :(2
 

laurenk

Brilliant_Rock
Joined
Nov 12, 2011
Messages
953
I’m so sorry you’ve experienced this. I cannot for the life of me understand why people are like this. She sounds totally dodgy. And this is an unfair situation to put you in. I would cease all communication and get some legal advise. The fact that you are so worried about this and are seeking help, speaks volumes about your excellent character. Do not loose sleep. Do not engage.
 

oldminer

Ideal_Rock
Trade
Joined
Sep 3, 2000
Messages
6,330
Wink; I really feel your pain and confusion. You are a very good guy and don't deserve this. This is a interesting and compelling story, but probably best told only privately to your attorney. Doing this openly will get you advice and sympathy, but also share publicly any intelligent strategy that you or your counsel might employ. It will cost money for a lawyer, so I humbly suggest you consider making some offer to settle. But, I would consult the attorney first. Spend a bit, understand your situation and rights BEFORE you say another word to the client.

That's all I can say, my friend. We can always talk privately. What a stinking mess!
 

Yang Kin

Rough_Rock
Trade
Joined
Aug 25, 2017
Messages
56
Sorry to hear that, but the buyer is either too stupid to understand the whole situation, or acting smart to blatantly rip you off.

Anyway, my 2 cents:
1. Make sure she is very well-aware of the whole situation and your are not earning a dime in this. In fact, you are honoring your money-back policy.
2. If yes, then just return her whatever that is paid to you, with the condition that the diamond is returned to you as well.
3. If she does not want to return, then there is no need to return the money to her.
4. I doubt she will hire a lawyer to sue you, but if she did, I would rather NOT bring my wife to vacation for 3 years (extra 1 year for legal fee) than to pay her back the extra cash she is trying to rip you off. At most, she would only bad mouth you which I don't think will have any ever lasting effect.
5. I might consider sending her a kite for her to fly as well... :clap:
 

Johnbt

Shiny_Rock
Premium
Joined
Mar 13, 2018
Messages
260
"Decent people think the best of others, they assume dealings with others will be fair and reasonable"

You saying I'm not decent people? ;-) <Just kidding> I'll trust 'em after they've earned it.

As an old poker player once told me... Trust everybody at the table, but always cut the cards.
 
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sledge

Ideal_Rock
Premium
Joined
Apr 23, 2018
Messages
3,838
Wow @Wink, I'm sick about this as you are a really good person, and IMO you don't deserve it. Really sorry.

That said, I would echo the others to gain legal counsel. It matters not if you pursue the matter through the courts. You need their help understanding your LEGAL rights and obligations. Many times how we feel and the legality of the matters are different. Even if you utilize them for nothing more than a well drafted and iron clad written contract this lady must sign before you settle with her.

That said, from a business standpoint is $13k worth the expense of lawyers, more lost time and energy/emotion lost from it all? Going to court doesn't ensure victory, it ensures a judge will hear your case.

In the past I was put in a situation where I surrendered more dollars to make it go away. Not because I had money to burn but because a good friend saw the crazy the situation was causing me and had a heart to heart with me. Ultimately it was the right choice, but it was one of the hardest things I've done.

Whatever you decide, it is wise to understand your "enemy". And Wink, let's be clear -- this lady is your enemy. I know that's probably hard to hear as I seriously doubt you've met too many people that doesn't become your friend eventually. This lady isn't a friend. It's time to protect you, not her.

My point is simple. You mentioned you met her a year ago. That's a short time overall. Obviously she is affluent and has resources or she wouldn't be buying a $120k stone. How did she acquire it? What is her business now, or maybe her husband? If she's the queen of a Cartel leader, then is that an enemy you want? I know, seems far fetched but it happens.

Have you given possibilty to the thought she is a professional thief and scammer? Probably paranoid but she seemed insistent on trading a stone to you as part of the deal. Is there some check you do in the trade to ensure it's not stolen? If it was stolen, then it's a clever way to launder it for cash.

Again, both are probably far fetched ideas. My point remains. You need to know your enemy. At the least, she seems to have resources to fight a legal battle so perhaps a settlement of some sort is the least painful and least expensive way out. Or maybe she was rich, lost it and this is an effort to help restore some of her wealth. Perhaps a few bucks spent on a private investigator is money well spent.

Whatever you decide, I wish you luck. If there is anything I can do please don't hesitate to ask. You are welcome to contact me on of off this forum. :cool2:
 

the_mother_thing

Ideal_Rock
Premium
Joined
Mar 2, 2013
Messages
5,732
@oldminer makes some good points about @Wink limiting further details on here, in the event of any potential litigation.

For those disputing the value in getting sound legal advice, I’m really kind of baffled. This transaction is a contract, and there is a dispute about the terms of the contract. The two parties are not seeing eye-to-eye on the path forward. Wink has a business to protect, as well as a reputation which is paramount to his business’ success. He can consult with an attorney to determine his rights/what the law dictates; it doesn’t mean he has to pursue a court case. I think that’d be incumbent on the buyer if she doesn’t agree with the terms offered to her for the refund.
 

kipari

Brilliant_Rock
Premium
Joined
Jan 9, 2015
Messages
1,384
Sorry you have to deal with this! !!

Just to be 100% clear%you went above and beyond and her behavior is full of entitlement at best, but more likely dishonest .
It's clear to me that that person saw an opportunity to get the full 83 k back by defrauding you (and getting 85% is already an excellent deal, as anyone on here knows !!!)
As for the further actions:
I'd make an appointment for legal risk assessment with a lawyer. Once you know where you stand LEGALLY, you can decide further actions.
Quite likely your chances are pretty good. Seeing that she'd have to get out of state law counsel, having her take all the legal actions would greatly diminish her gain, so one should think she'd abstain from opening a court case.

If your legal stand is bad according to a lawyer, or you're dealing with a rich, (can afford legal fees just to hurt you) entitled narc (isn't open to reasoning) , you may look into cutting your losses and striking up a deal just to get over wIth it and limit further damages.
Good luck and please keep us posted!!!
 

sledge

Ideal_Rock
Premium
Joined
Apr 23, 2018
Messages
3,838
@oldminer makes some good points about @Wink limiting further details on here, in the event of any potential litigation.

For those disputing the value in getting sound legal advice, I’m really kind of baffled. This transaction is a contract, and there is a dispute about the terms of the contract. The two parties are not seeing eye-to-eye on the path forward. Wink has a business to protect, as well as a reputation which is paramount to his business’ success. He can consult with an attorney to determine his rights/what the law dictates; it doesn’t mean he has to pursue a court case. I think that’d be incumbent on the buyer if she doesn’t agree with the terms offered to her for the refund.
Just my 2 cents but it seems when people hear "seek legal counsel" they tend to think it's a fight in court. Reality is an attorney is a paid advisor with knowledge of the law and can be intrumental in formulating a strategy. All regardless if it ever enters a court room.

I'd argue that an attorney helps strengthen your position for negotiating out of court but then again I've dealt and consulted with them on both personal and business matters.

Remember, wise people surround themselves with those that are wiser than they are alone and can provide proper guidance and counsel through difficult situations.

It doesn't have to be a sue happy mentality.
 

denverappraiser

Ideal_Rock
Trade
Joined
Jul 21, 2004
Messages
8,688
Is her original stone still available from whoever you sold it to? I agree that they are entitled to a profit here but they may be willing to give you a ‘deal’ given your situation.

By the way, I disagree that your ‘yes’ email was the point of trouble. That was in writing a receipt that gave a value different from the actual transaction. Call a lawyer, line up your ducks, and wait for her to sue you. She’s bluffing. As another side note, this may be a covered peril under your commercial insurance policy if she does.
 
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Heathcat24

Shiny_Rock
Premium
Joined
Jan 26, 2018
Messages
155
What an awful situation! I'm just chiming in because I watch a lot of Judge Judy, which in no way makes me qualified at all on legal matters. But I must agree with @denverappraiser . The written invoice with a higher amount than the actual transaction is where you may run into trouble.

NOTHING matters more than what is in writing (at least, according to Judge Judy.) And that may be the sticking point. By itself, the invoice indicates that you assigned a higher value to her original diamond.

I agree with all of the advice to seek the advice of legal counsel. I personally think she planned this all along, and it sounds like she may be quite experienced at it. There may be other court cases with her name on them. Wishing you the best of luck!
 

pearaffair

Ideal_Rock
Premium
Joined
Jun 15, 2015
Messages
2,072
Several people have asked why the OP is posting here. Wink is trade, AND he is one of us. He needs support and we always do our best to support one another.
Ok good point. I feel bad for asking, now!
 

Texas Leaguer

Ideal_Rock
Trade
Joined
Jul 27, 2009
Messages
3,053
@Wink ,
So sorry you find yourself in this situation. It really stinks. The feeling of violation is likely the worst part about it. Victims have a tendency to self-blame- don't let that happen. Stay strong and positive.

Count me in the ranks of those that are advising you at least get a consultation from an attorney with experience in this area. I do agree with Garry and others that looking at how you may craft a settlement that you could live with is worth gaming out.

I personally would find it very difficult to do anything more than refund what was actually paid on the terms you know to be true and accurate. However, under the circumstances I would try to be objective and look for the best and quickest resolution possible. I think a consultation with the right attorney could help you clarify what that path would look like.

Good luck to you. We all hope for a soft landing.
 

kmoro

Brilliant_Rock
Joined
Sep 13, 2018
Messages
1,076
Hi Wink,

I’m sorry you find yourself in this position; however, I don’t think it’s as ambiguous as you do.

She asked for a refund “on the whole amount she paid for the new diamond.” While she may have meant the inflated value, that is not what she paid for the new diamond. She can try to throw in what she paid for her old diamond all she wants - but that is what she paid for the old diamond. She did not pay the inflated value; therefore, you are not obligated to refund her any more than she paid for the new diamond. She paid money for the trip - that is money paid for the trip, not the new diamond, however could be considered part of the cost of the new diamond.

No reasonable person would expect “the whole amount she paid for the new diamond” to include the inflated value. I would suggest that, based on exact words, that you refund what she paid for the new diamond (the amount she would receive for the old diamond plus her additional payment). In good faith, I would include the cost of the trip - that would be my concession as it could be construed as part of her purchase cost “paid for the new diamond.”

I doubt any judge would agree with her. She did not pay what she could not have received for the old diamond. She is not out the amount she paid for the old diamond, she is out the amount she could receive on the old diamond, the fair market value. A person can not be out of an amount that they were never eligible to receive. That is like claiming a business loss on a sale that you never made .... can you do that Wink? Can you tell the tax man that you’re out $500,000 because you almost sold a $500,000 diamond but didn’t? It’s the same thing.

Allowing the inflated value for a trade-up is a different situation and has no effect on the factual amount that she actually paid for the new diamond.

Do not refund what she did not pay for the new diamond. Her demand is wishful thinking.

Good luck!

I have to edit to include that I agree you must consult a lawyer, but I think the above will be the legal argument. Try not to stress too much in the meantime.

Edit #2 - after more careful reading, the trip to Boise was only to be reimbursed if she bought the new diamond, so I take back the part of reimbursing the trip and will drink more coffee before posting again.
 
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