Legal Question in Business Law in California

Re: Jewelry return

Misrepresentation is a basis for rescission of contract, if you can prove what you say. You can try to resolve it, but may have to sue. Small claims is up to $7500 case value.

Re: Jewelry return

Of course you should be able to get your money. You may also want to report the seller/dealer for fraud and to the BBB and the state attorney general.

Re: Jewelry return

Your question is like asking, "A burglar broke in and stole all my rubies. Can I get them back? Well, sure, in theory, but first the police have to catch the burglar, find the rubies, and maybe convict him as well.

You are theoretically entitled to three or four different remedies, any of which theoretically entitle you to a refund (at least), if not greater damages.

The problem is in bringing the theory into practical fruition. Most shady operators that sell fake gems are well prepared to fade into the woodwork, one way or another, when a defrauded buyer attempts to assert a legal remedy.

For the record, the causes of action (grounds for legal complaint) might include (1) breach of contract under the commercial code for failure to deliver goods corresponding to the contract; (2) breach of implied warranty; (3) common-law cheat or fraud; (4) statutory unfair business practices or false advertising; and many others depending upon the facts of the deal, maybe including Federal crimes such as mail fraud.