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Fraud or not ?

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obiezyswiat

New member
PA I bought a certified gem from ebay. Gem was described as natural.I sold it at local auction.
Buyer had it assessed by a gemologist who determined that it was a synthetic fake. Buyer filed a report with police and wants money back. Am I responsible ?
 


LdiJ

Senior Member
PA I bought a certified gem from ebay. Gem was described as natural.I sold it at local auction.
Buyer had it assessed by a gemologist who determined that it was a synthetic fake. Buyer filed a report with police and wants money back. Am I responsible ?
Yes, you sold him a fake gem. You should open your own police report against the person who sold it to you as a certified, natural gem.
 

adjusterjack

Senior Member
Fraud generally requires intent. You were duped so you probably have a defense against criminal prosecution.

However, you are at least civilly responsible under breach of contract, having represented the gem to be real.

You pay your buyer and then good luck going after the person who sold you the gem. Though you might look into eBay's guarantee feature if it's not too late.

 

quincy

Senior Member
PA I bought a certified gem from ebay. Gem was described as natural.I sold it at local auction.
Buyer had it assessed by a gemologist who determined that it was a synthetic fake. Buyer filed a report with police and wants money back. Am I responsible ?
Do you have a certification of authenticity from the original seller?
 

quincy

Senior Member
It is generally the buyer's responsibility to inspect what they are purchasing prior to purchase. However, any intentional misrepresentation of the goods can shift liability to the seller.

obiezyswiat will want his auction ad personally reviewed by a local lawyer if s/he intends to fight a refund, to better determine if obiezyswiat has a legal leg to stand on. A refund seems easier.
 

LdiJ

Senior Member
It is generally the buyer's responsibility to inspect what they are purchasing prior to purchase. However, any intentional misrepresentation of the goods can shift liability to the seller.

obiezyswiat will want his auction ad personally reviewed by a local lawyer if s/he intends to fight a refund, to better determine if obiezyswiat has a legal leg to stand on. A refund seems easier.
And ultimately, cheaper as well.
 
Many of the gems, and I use the word loosely, originate from outside the US, primarily India and Asia, so legal action against the original seller may be problematic.
 

Zigner

Senior Member, Non-Attorney
Many of the gems, and I use the word loosely, originate from outside the US, primarily India and Asia, so legal action against the original seller may be problematic.
Very true - which means the OP might be stuck if the eBay protections don't apply.
 

quincy

Senior Member
Many of the gems, and I use the word loosely, originate from outside the US, primarily India and Asia, so legal action against the original seller may be problematic.
Much of what is sold online originates overseas - not just gems. It is usually "buyer beware" when purchasing from sellers online.
 

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