Did I commit fraud on Ebay?

What is the name of your state? Oklahoma
I sold a Mavado watch on ebay for $260. It was the watch and the box it came in. The box had a Zales price tag of $999. I brought it to a couple pawnshops and was offered $180. I figured I could sell it for more on ebay. The lady bought it, gave it to her husband and he tried to get it sized. He had 2 jewlers tell him it was a fake. I understood the watch as real not fake. Although I never said 100% genuine. In my ebay auctions it says ALL SALES ARE FINAL. Did I commit fraud like she says? She is threatining to call her local police and my local police. So did I commit fraud? If it matters she live in Conneticut.

seadal said:

What is the name of your state? Oklahoma
I sold a Mavado watch on ebay for $260. It was the watch and the box it came in. The box had a Zales price tag of $999. I brought it to a couple pawnshops and was offered $180. I figured I could sell it for more on ebay. The lady bought it, gave it to her husband and he tried to get it sized. He had 2 jewlers tell him it was a fake. I understood the watch as real not fake. Although I never said 100% genuine. In my ebay auctions it says ALL SALES ARE FINAL. Did I commit fraud like she says? She is threatining to call her local police and my local police. So did I commit fraud? If it matters she live in Conneticut.

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My response:

If you sold a watch that says "Mavado" on it, then it's fake, and you misrepresented the watch as genuine.

IAAL

I am sorry you are right. Movado.

Anyone????????

Did I commit fraud on Ebay

Hi ;
Offer to return the money for the watch. That's what I would do. However, she may not accept it, and would rather make an issue out of it. I wish
you luck.

IT is pretty easy for any experienced jeweler to tell the fake Rolexes and Movados from the real. You could have verified whether it was a Movado or not. If you had no way to know whether real or not, it should have been represented as "Movado look-alike" or "Movado-like". If you represented it AS Movado, you should have verified, if you do not have the expertise to know yourself. You SHOULD offer her the money back if you described it as a Movado (and not a watch that looked like it could be a Movado) and it really was not. I'm a frequent Ebay buyer, and sellers who do not know authenticity clearly state that they are not representing the item to be genuine, that "it LOOKS like a ____" or is "similar to a ____". You know "Pottery Barn Look" type of description.

And I agree. Your claiming or implying that it was a genuine 'Movado' and its subsequent determination to be a fake or counterfeit, makes you subject to both civil and (potential) criminal charges.

Offer to refund the purchase price for return of the watch. And in order to protect ALL parties, I suggest you also consider using an online escrow service for the refund.

Well I guess I had better give her a refund.

Before giving her a refund make sure you tell her that the watch has to be returned to you and that once you verify it is the same watch by the hidden mark that you placed on it then a refund is in order as long as it is in the same condition that you sent it to her....

There have been cases where people will do a "switcharoo" to get a real watch and their money back.

Also, make sure that you have her insure the shipment and place Delivery Confirmation on the package.

In the future when dealing with big ticket items have it checked out before listing...it saves on Tylenol for all the headaches...

My Tilenol works too.

In the future when dealing with big ticket items have it checked out before listing...

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Now THAT'S funny. $260 is a big ticket item?

How did you come into possesion of the watch? If you purchased it from Zales, do you have the receipt? After getting the watch back and giving a refund I would suggest taking back to where you bought it and look into this a little more.

watch out.

Back to ground zero here... Did you purchase the watch new from Zales as you infer? If so, then:

a) You were victimized by Zales (highly unlikely)
b) The purchasers are pulling a switch on you
c) Their jewelers assessment of the watch is incorrect (ask for written confirmation/appraisal).

Before you just up and refund the money, cover your bases. Be fair and accommodating, place the money in escrow for the refund but verify their claim before releasing funds. Do your own appraisal. Do Movado watches have serial numbers? Did you record it before selling? Does Zales have the serial number recorded with your original transaction? Would you even know if this was the same watch if you had it back? You could be getting reverse scammed... If not, do the right thing.