I do a lot of these type cases. As for legal requirements as to statutes of limitation, most states give you 2 years to file a claim. The legal clock starts ticking from the day of discovery of the misrepresentation. But you should check that out with a legal professional in your state along with the applicable laws there that cover misrepresentation issues, unfair trade practices etc.
The stone should be gemprinted for identification in the future, PRIOR to it being removed from the ring, even if the selling jeweler removes it and submits it for grading at GIA or AGS. This will avoid any concerns about the grading of the stone later.
At the moment, the opinion of the jewelers who are not independent gemologist appraisers, is questionable as to accuracy especially since they rendered an opinion of it while still set. Prong and metal color can often skew gradings, especially for this type of matter.
A better possible way to handle settling this matter, rather than an expensive lawsuit is to hire a mediator. Dave Atlas (Oldminer), Marty Haske (Adamasgem), and myself have all taken mediation instruction, in NY state. We all took the classes together a few years ago.
I agree with Neil''s anticipated defenses that may potentially may occur, if you approach the selling jeweler, but if he takes an offensive position, you will need someone that is experienced in these type matters, as that can make all the difference in your situation.
I''d seek out someone who has the gemprint system, have the stone scanned, before you go to the jeweler, then talk to the jeweler about having him remove the stone and send it to GIA as Neil suggested. Check out www.gemprint.com to see who has the gemprint equipment, in your area. If there is no one local, both Neil and I do have the system.
Rockdoc
The stone should be gemprinted for identification in the future, PRIOR to it being removed from the ring, even if the selling jeweler removes it and submits it for grading at GIA or AGS. This will avoid any concerns about the grading of the stone later.
At the moment, the opinion of the jewelers who are not independent gemologist appraisers, is questionable as to accuracy especially since they rendered an opinion of it while still set. Prong and metal color can often skew gradings, especially for this type of matter.
A better possible way to handle settling this matter, rather than an expensive lawsuit is to hire a mediator. Dave Atlas (Oldminer), Marty Haske (Adamasgem), and myself have all taken mediation instruction, in NY state. We all took the classes together a few years ago.
I agree with Neil''s anticipated defenses that may potentially may occur, if you approach the selling jeweler, but if he takes an offensive position, you will need someone that is experienced in these type matters, as that can make all the difference in your situation.
I''d seek out someone who has the gemprint system, have the stone scanned, before you go to the jeweler, then talk to the jeweler about having him remove the stone and send it to GIA as Neil suggested. Check out www.gemprint.com to see who has the gemprint equipment, in your area. If there is no one local, both Neil and I do have the system.
Rockdoc
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