Legal Question in Consumer Law in New York

My boyfriend and I recently purchased an engagement ring from a US website, (we live in Australia) where it said it was worth $29,000, but on sale for $13,000 (including all taxes). The ring arrived safely, however, it did not come with any paperwork. For insurance purposes we had it appraised to find out that it was a much inferior quality of diamond and that the value of the ring was only $13,400. If we had known that the diamond was of an inferior quality to what was stated, we wouldn't have purchased it. Also, we would not have purchased it knowing that the value of the ring was about what we paid. What are my rights in this situation?


Asked on 10/14/14, 6:03 pm

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Contact the seller and ask if you can return the ring. I would not mail it; I would have someone take it physically to the seller and obtain credit rigth then and there. You have no other rights.

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Answered on 10/14/14, 8:38 pm

I agree with my colleague that you should ask the seller for a refund However, if the seller does not agree you do have rights:

1) if you paid by credit card dispute the charges (if your Australian issuer permits such disputes)

2) you can have a US attorney send a demand letter to the seller. Many times a letter from a lawyer can sway a party to do the right thing.

3) you could sue the seller for fraudulent misrepresentation and other causes of actions. To commence the lawsuit you do not need to be present in the US. An attorney could represent your interests.

Finally, if the seller does agree to refund the money, you can nominate an attorney to be your agent and return the ring on your behalf.

Please contact me directly for help in this matter.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Answered on 10/14/14, 10:13 pm


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