Problems with seller after purchase and payment, before shipment: seller changed his mind.

Vintage Rolex Discussion

Problems with seller after purchase and payment, before shipment: seller changed his mind.

Joined: March 19th, 2008, 6:29 pm

November 2nd, 2017, 3:44 am #1

Dear Vrf pals,
I wrote to ask your suggestions .
Yesterday, while on a holiday in Usa, I found a very interesting watch from a local dealer. Price was high ( about Us$ 40k) but very good for the watch. The seller probably did not realize the watch was a collectable piece valued over 60k and so did I .
Please note: I paid his asking price .
We signed a sale receipt with all the infos and serial number of the watch ( model number was not correct ) , I gave him hand-hand a cash advanced payment of about 10% and ordered my bank to wire the balance of 90% ; considering the wire would take 2-3 days, we decided to have the watch delivered to my hotel the next destination city in my Usa trip.

Today the seller contacts me, telling strange stories: he did not realize it was a expensive and rare watch, that he promised the watch to another guy, that his supplier wants the watch back, and so on bla bla bla.

Offering me only refund and telling me he will not send the watch.
I replied I want the watch I paid and I will be firm. The seller did not change his position.

What would you do? I really want to get the watch I paid for, but I don’t want either to be forced to file a lawsuit, have money gone and no watch in my wrist while waiting for the judge’s decision.

Last edited by ellepi on November 2nd, 2017, 3:45 am, edited 1 time in total.
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Joined: January 23rd, 2005, 9:30 pm

November 2nd, 2017, 12:22 pm #2

so lucky the seller found out just in time.

It would of been nice to have got a $20K head start but a shame for the seller.

Everything is now back in order i would say.
-Perpetual Knowledge-
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Joined: October 15th, 2007, 8:14 am

November 2nd, 2017, 1:36 pm #3

Dear Vrf pals,
I wrote to ask your suggestions .
Yesterday, while on a holiday in Usa, I found a very interesting watch from a local dealer. Price was high ( about Us$ 40k) but very good for the watch. The seller probably did not realize the watch was a collectable piece valued over 60k and so did I .
Please note: I paid his asking price .
We signed a sale receipt with all the infos and serial number of the watch ( model number was not correct ) , I gave him hand-hand a cash advanced payment of about 10% and ordered my bank to wire the balance of 90% ; considering the wire would take 2-3 days, we decided to have the watch delivered to my hotel the next destination city in my Usa trip.

Today the seller contacts me, telling strange stories: he did not realize it was a expensive and rare watch, that he promised the watch to another guy, that his supplier wants the watch back, and so on bla bla bla.

Offering me only refund and telling me he will not send the watch.
I replied I want the watch I paid and I will be firm. The seller did not change his position.

What would you do? I really want to get the watch I paid for, but I don’t want either to be forced to file a lawsuit, have money gone and no watch in my wrist while waiting for the judge’s decision.
Cheers,
Marco
Last edited by Mardam on November 2nd, 2017, 1:36 pm, edited 1 time in total.
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Joined: March 19th, 2008, 6:29 pm

November 2nd, 2017, 2:00 pm #4

It was not a deposit ( caparra in Italy) to reserve the watch.... I just paid full sale price and then he wants to cancel the sale and send me back the money.

For my knowledge, I have a sale receipt, I paid full price —> the watch is mine and property has just been transferred
Last edited by ellepi on November 2nd, 2017, 2:02 pm, edited 1 time in total.
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Joined: January 29th, 2014, 2:38 pm

November 2nd, 2017, 5:45 pm #5

Dear Vrf pals,
I wrote to ask your suggestions .
Yesterday, while on a holiday in Usa, I found a very interesting watch from a local dealer. Price was high ( about Us$ 40k) but very good for the watch. The seller probably did not realize the watch was a collectable piece valued over 60k and so did I .
Please note: I paid his asking price .
We signed a sale receipt with all the infos and serial number of the watch ( model number was not correct ) , I gave him hand-hand a cash advanced payment of about 10% and ordered my bank to wire the balance of 90% ; considering the wire would take 2-3 days, we decided to have the watch delivered to my hotel the next destination city in my Usa trip.

Today the seller contacts me, telling strange stories: he did not realize it was a expensive and rare watch, that he promised the watch to another guy, that his supplier wants the watch back, and so on bla bla bla.

Offering me only refund and telling me he will not send the watch.
I replied I want the watch I paid and I will be firm. The seller did not change his position.

What would you do? I really want to get the watch I paid for, but I don’t want either to be forced to file a lawsuit, have money gone and no watch in my wrist while waiting for the judge’s decision.
...a lawsuit will be massively expensive and what if he sells the watch before you can find a lawyer to take the case. What will be your point? Does he owe you 4000, 40,000 or 60,000? Don't let anger make you make a mistake. Take your 4k, call him some dirty names and move on.
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Joined: August 26th, 2016, 7:37 pm

November 2nd, 2017, 6:52 pm #6

You have zero basis for a lawsuit (nt.)
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Joined: March 19th, 2008, 6:29 pm

November 2nd, 2017, 7:45 pm #7

Inho There are all the basis of a lawsuit.
I fully paid for it and I have a sale receipt stating price and serial number of the watch.
If some Us friends are familiar with small legal issues like this, please let me know.

Btw, I am checking out all options, including taking my money back and forget this sad story . What is frustrating is that watch was going to be a family present for a special family moment. I won't ever find another one like that.
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Joined: March 19th, 2008, 6:29 pm

November 2nd, 2017, 7:47 pm #8

...a lawsuit will be massively expensive and what if he sells the watch before you can find a lawyer to take the case. What will be your point? Does he owe you 4000, 40,000 or 60,000? Don't let anger make you make a mistake. Take your 4k, call him some dirty names and move on.
Richard, he has all my money (40k) but he wants to refund and cancel sale
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Joined: October 18th, 2009, 12:39 pm

November 2nd, 2017, 9:12 pm #9

You have zero basis for a lawsuit (nt.)
Contract law can be relatively simple. The way I see Ellepi's situation, there's a fairly tight contract in place ... documented ... signed by two willing and able parties ... no duress ... clearly time-bound ... with a transfer completed of the all important 'consideration' (a lack of the latter being a very commonly exploited loop-hole when a seller wants to back out of a deal).

I've been in exactly the same position with a motor vehicle transaction. For my deal, I'd paid the seller's full asking price on the spot, and signed off a very tight contract that would see me collect the car later that week. I turned up to collect the car as planned to be told our deal was off unless I was prepared to match another buyer's offer. The seller had already cashed my cheque and when I wouldn't budge, he simply handed me a fat envelope returning my funds in cash. I argued ... and argued ... and argued ... while the seller just stood there stony-faced. Ultimately I walked away, didn't pursue things any further and years later it still annoys me.

Ellepi - obviously you have options available to you including legal channels or simply taking the moral high-ground directly with the seller. You may face a stumbling block based on the fact that the item was significantly down-valued when the trade was completed. Assuming the seller backed out of the trade upon learning he had under-valued his watch when setting the price, he has an opportunity to claim a pricing error that for him negates any intention to create legal relations. Kinda like saying " ... Silly me. Of course I made a mistake on the price tag ..." and sometimes that can be all that's needed to back out of a deal.

And my own moral high-ground ... we all like a bargain but on this occassion, I side with Roger somewhat. Perhaps, everything is now back in order.

Last edited by GMTKiwi on November 2nd, 2017, 9:40 pm, edited 1 time in total.
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Joined: April 21st, 2007, 10:15 am

November 2nd, 2017, 10:06 pm #10

...a lawsuit will be massively expensive and what if he sells the watch before you can find a lawyer to take the case. What will be your point? Does he owe you 4000, 40,000 or 60,000? Don't let anger make you make a mistake. Take your 4k, call him some dirty names and move on.
otherwise it is his word against yours.
Even if you paid.
He can always say that you did a downpayment of 40k on the now 60k watch...
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