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jessica8936

Incorrect Agi Diamond Grading, Please Help

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Hi everyone.. I recently purchased a ring with a 1ct princess cut diamond, with AGI certification stating that the color grade is F and the clarity VVS2. When I took it home, I noticed that the color looked a little peculiar compared to another ring I own with an F grade. I decided to get it appraised by two jewelers, one GIA certified and the other FCGmA. One came back stating the color is G and the other saying H. I'm at a loss for what to do at this point, because while I understand that diamond grading is not a perfect science (demonstrated by how the 2 appraisals differ), I'm certain that the diamond I received should not be graded F. The store I bought it from is liquidating, it's a final sale, and even after I brought the appraisals to their attention, they refuse to give me a refund. The estimated retail value of the two appraisals are 15900 and 15850, while the ring retailed for 32000. The AGI certification states that the diamond (not the entire ring) has a value of 20000, and I purchased the ring for 13000 (15000 after tax). While it appears like I saved 2900, I'm unhappy because I did not receive the product of the quality that was stated on the AGI certification. I've done some research, found out the AGI grades looser than GIA, and that this has happens to many people. In other court cases, they have ruled that all certifications and subsequent appraisals are correct, as different companies have different grading schemes, and because grading is done by the human eye. While this makes sense to me, I don't know how buyers are ever supposed to be sure that they get what they pay for, just because it says so on the certification. At this point, I'm not arguing the difference in price. I simply want a refund, because I don't believe I received what was advertised. I think that's fair. Where should I go from here? If I file for small claims court will they grant me a refund? There has to be some law about this protecting buyers. Maybe something about false advertising. Or will they say that because all appraisals and certifications are correct, the AGI certification stands and there's no discrepancy? Does it make a difference that it's final sale? Please help :(

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Very bluntly, I don't think you are going to get anywhere in court. You bought the diamond with an AGI grading report, and unless the vendor told you that it was graded so-and-so by GIA (and you can prove they did, i.e. you have it in writing), then he described the stone fairly: you both relied on AGI as the source of your information, and AGI graded the diamond as stated.

 

I'm sorry for this, but there is no standard on colour (or clarity, or anything else) that the courts will agree has a special standing and is legally enforceable.

 

The "final sale" element only adds to your woes: you were told at the moment of buying that there would be no recourse. Fair or not, you agreed to this by paying. Some countries have consumer protection legislation that renders "final sale" clauses null and void, but as far as I know the US is not one of them, and anyway most of those laws specify that the final sale is null only if there are substantial defects in the goods, or if these were bought remotely (e.g. through an online purchase).

 

As to "how buyers are ever supposed to be sure that they get what they pay for, just because it says so on the certification", the answer is research before you buy. Incidentally, this is valid for diamonds and other gems as much as it is for anything else. One of the first thing that research should show is that ANY lab report is not a "certification", and in fact of all labs GIA is particularly keen to point this out!

Edited by davidelevi

Davide - Specialised Consumer Information and Assistance,
Diamonds by Lauren (http://www.diamondsbylauren.com)
davide@diamondsbylauren.com

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They told you it was an AGI graded stone and it is (I presume). That'll kill you in court. I further presume they made no guarantee that some future grader would agree with them so the fact that 2 or 10 appraisers see it differently makes no difference. Certainly AGI doesn't guarantee this. You actually came out of this better than most. I've disagreed with self-described labs by as much as 6 grades.

 

How do people know? If you're going to buy a diamond, or anything else for that matter, based on an expert's statement. First evaluate the expert. If you find them lacking, don't just discount them, ignore them, and if it's a dealer who led you to them, find another dealer. In diamonds, that's easy.

 

NEVER buy a blind item with 'final sale' conditions.


Neil Beaty

GG(GIA) ICGA(AGS) NAJA

 

There's never a crowd when you go that extra mile.

Professional Appraisals in Denver

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Seek help from a vet? (Assuming "flower horn" is a misspelling for some type of hen - otherwise a psychiatrist may be more advisable)

 

 

LOL

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