Legal Question in Consumer Law in Massachusetts

My son dropped my Movado watch off at the jewelery store to have a battery replaced. My son had given the watch as a present 3 yrs ago and had bought free battery replacement for life. A couple of weeks later they called and left my son a message stating the watch was sent out and it was determined it would need to be repaired and it would cost $200. My son relayed this infromation to me and I told him I would take it somewhere else to see what the problem was. When he went to pick up the watch, he was told it would be $200 as it was repaired. He told the clerk he never authorized the repair and was told he would have to speak to their manager who was not in that day. When he finally spoke to the manager, she said she was sorry there must have been a miscommunication and she would only charge $100 because of this. He thought it was a good deal and said yes without talking to me. When I found out I said I'm not paying $100 and wanted my watch back. I called and spoke to the manager who stated my son agreed to this and I said I didn't and it was my watch. I spoke to customer service and customer relations and the bottom line is they won"t give me my watch back and refuse to deal with me because my son dropped off the watch. I have the receipt and all it shows is the value of thye watch, no is check off as estimate required and states replace cell. they feel that because he dropped it off the contract is with him but there is nothing on the receipt other than stating what happens if it is lost and if left over 6 months. What are my options? I told the gentleman in customer relations I would contact the BBB and my Attorney General. No one authorized the repair and I wasn't aware that other people cannot drop something off for someone else.


Asked on 5/08/10, 2:20 pm

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

The problem here is that your son appears to have been acting like your authorized agent or owner of the watch. While you may not be liable it sounds like he agreed to pay for it and may have made representation that he was authorized to pay to make such payment. Assuming he is over the age of 18 he is legally bound by the agreement. I would make the argument, however that while he agreement and may be bound, that no repairs were ever authorized by him or yourself and that if they made the unauthorized repair then it is on them to foot the bill.

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Answered on 5/15/10, 9:17 am


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