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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I recently purchased an engagement ring from a local jewelry

Customer Question

I recently purchased an engagement ring from a local jewelry store (cost $12,000). First of all, it took more than 40 days for them to have the center stone changed to a 2 ct. diamond and it re-sized to a size 5. After picking it up, I took it to a well respected jeweler in the area. To my shock, the ring only appraised at $7000 ! In addition, there more 3 "flaws" in the center stone. Most damaging was a crack which I was told would completely break if my girlfriend were to bump it on something. Also, the ring was slightly "out of round" from the re-sizing process ! The respected jeweler said I was really taken advantage of.
Now, when I purchased it, they told me that they had a "no return policy". I put $1000 down and have made (2) $200 payments for a total of $1400 so far. The respected jeweler told me I should get my money back or sue them if they were not willing to do that. They really, really did scam me ! Also, I read the Yelp reviews of this place and they were awful !
So I guess my question is...do I have a good chance of recovering my money, returning the ring and having the financial arrangements "voided" ? Allowing me to take my business elsewhere. An engagement ring is a pretty big deal !
Please help !!
Thank you,
Ron Morris
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, while the more respectable jeweler may be right that you were taken advantage of, I am not sure that I share their position that this is something you can successfully sue them over.A court is going to enforce a clearly stated "no return policy" (particularly for an item that has been altered to meet the customer's specifications (changing the size and the center diamond)).However, you can make an argument that the work was negligent, and that you are entitled to a reduction in price based on that.With the above being said, while a court case may not be a good way to go (you are of course entitled to file a breach of contract and fraud case, and small claims in California allows you to sue for up to $10,000.00 fairly easily with little risk, see: http://www.courts.ca.gov/1062.htm), you may be better off trying to negotiate a resolution.There are 2 different ways you can do this, the first is fast, free, and easy, with the BBB - the BBB doesn't have any enforcement authority so it doesn't always work, but again, it is free to you, and will not compromise any future claims, so it is worth a shot. You can file a BBB complaint here: bbb.org/consumer-complaints/file-a-complaint/get-startedShort of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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