Los Angeles, CA asked in Small Claims for California

Q: A customer brought a watch stating a rolex to be refurbished all appart a watch repairer finds out the watch is not real

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if a watch repairer discovers that a watch brought in for refurbishing as a Rolex is not genuine, several issues arise:

1. The watch repairer has no legal obligation to report the customer unless there's evidence of a larger scheme of deception or fraud.

2. It's important for the repairer to document the state and condition of the watch upon receipt.

3. If the repairer had provided a quote based on the watch being genuine, they can adjust the quote upon discovery of the watch's actual status.

4. The repairer should promptly inform the customer about the discovery in a clear and factual manner, without making accusations.

5. If the customer was unaware of the watch's authenticity, this could protect both parties from potential issues later on.

6. The repairer should not make unfounded accusations as this could expose them to potential liability.

7. A business should have clear terms and conditions about the services provided, which can guide actions in situations like this.

8. Always approach such situations with professionalism and caution, considering the potential legal and reputational risks involved.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: One option is to tell the customer that you believe the watch is not genuine, and asking them how they would like you to proceed. That could prevent suspicion against you, and it could prevent misunderstandings if the customer would not have wanted to invest in repair costs for a non-genuine watch. Good luck

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