QUESTION

What do I do when I go to court? Do I have to pay the remaining balance?

Asked on Sep 11th, 2013 on Civil Litigation - Ohio
More details to this question:
I bought a wedding band 14k white gold, 1carat. I still owe $580 on the ring and now the Jewelry company is suing me for the remaining balance. I had the ring appraised and it is 14k gold plated. Only the diamonds are real. The jeweler lied to me and told me it was 14k white gold. He gave me false information. When I went to his website to pull the ad, it was gone.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If the jeweler induced you to buy the ring through false representations as to its quality, it committed fraud.  You would have the option to either rescind the contract (i.e. to return the ring and get your money back) or for damages (the difference between what you paid and the fair market value of the actual ring).  Although the ad may have been taken down from the website, you may be able to get a copy of it through the discovery process.  There are also some websites which store archived copies of other websites, and you may be able to get a copy off of one of those. You should carefully look at your sales contract with the jeweler, however.  It is likely to contain a "merger clause", i.e. a provision which states that the written contract is the entire agreement between you and supercedes any prior representations, oral or written.  Another clause likely to be found is one stating that neither party relied in any way on any representation not found in the agreement.  Such a provision could prevent you from claiming that you relied on the ad when you purchased the ring.
Answered on Sep 11th, 2013 at 5:43 PM

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