looking for an advice on the situation

[muuyo]

hi TRF members
Im looking for a advice on a recent situation.
I am a private seller and sold a rolex 16613 to a private buyer face to face who contacted me through local buy/sell website.

everything went well watch is authentic and had RSC service estimation paper with it. estimation was clean at minimal. regular service charge and they wanted to swap glass and that was about it if i remember correctly.

after little over a month later buyer contacted me and said he noticed hour handle wasnt working when he was trying to correct hour for summer time. now accusing me of selling a problematic watch to him.

he want me to do something about it. which im assuming a repair fee.
which i told him i dont know anything about it and when i was at the RSC it came clean, plus its been over a month i do not know what happened til the time being.

i wouldnt mind helping him out but ,i would like to refuse of any responsablities on this matter.

any advice or opinion if you were in this situation? any legal issues?

thank you in advance

[kilyung]

I’m assuming you got a release of liability when you sold the watch right? I don’t see how you’re liable at this point.

[muuyo]

i dont have any proof of release of liability, more of just words maybe
i feel like its an user error, may he wind the movement fast possibly broke the watch

[GLADIATOR]

What is "the hour handle"?

There was no summer time change "a little over 1 month ago"?

Whats happened in that month?

Can you post a copy of the AD service?

You have NO legal issue.
Adam

[muuyo]

needle pointing hours. shorter fatter one not sure if that helps. (one with mercedes logo)

summer time change happened nov 5th i belive. the date i received the call.
he said he was trying to change hours.

i am the seller so no clue what happened within that month.

i cannot post the RSC paper since i gave it along with watch to a buyer to prove authenticity.

[Knappo 1307]

My guess is he didn't pull the crown out fully.

[Tools]

If it's been over 30 days I don't see any liability unless you choose it. Hard to believe that in a month he has never set the time on the watch before.

Many sellers only offer a 3 day look..

[muuyo]

I hope so Knappo 1307
he made few threatening remarks while on the phone.
when i said though i feel bad about the watch but not sure im resposible for this

hence asking for advice on TRF

[muuyo]

Tools,
i just kinda feel the bad for the buyer since he was old gentleman, and it killing the fun of watch experience for me currently

[crowncollection]

A month has passed you cannot be responsible for ever imho you are clear of responsibility


Sent from my iPhone using Tapatalk

[Old Expat Beast]

Originally Posted by muuyo

I hope so Knappo 1307
he made few threatening remarks while on the phone.
when i said though i feel bad about the watch but not sure im resposible for this

hence asking for advice on TRF

Originally Posted by muuyo

Tools,
i just kinda feel the bad for the buyer since he was old gentleman, and it killing the fun of watch experience for me currently

[RolexNorth]

30 days is way past the date of sale. Chances are very high he damaged it himself. Tell him to go kick sand. You are not responsible.

[tamiya]

Private sale = no guarantees

Buyer want warranty? Go buy from proper dealer with warranty certificate and pay for the privilege of them backing your piece if anything goes wrong.

No pay no play!

[Rocket_Man]

You should advertise the watch "as-is" and put that on the bill of sale. This means there is no warranty per the Magnuson-Moss act.

Was it actually serviced by the RSC? Or did they just give you an estimate? If they actually serviced it then it has a 2 year warranty.

My guess is that he is not familiar with the movement and is not pulling the crown out far enough. Ask him if the second hand is still running.

You don't have any responsibility after the sale unless you offered a warranty. If you feel bad enough you could chip in to have it fixed out of the goodness of your heart. I'd find an independent near you vice the RSC. A lot cheaper.

[j0oftheworld]

Tell him to take it to a watchmaker and have it checked, like mentioned above it might be user error. Beyond that, it's used, has a service quote/authentication, and had no implied warranties. If he wants to get pissy, let him, you haven't done anything wrong.

[Tony64]

Originally Posted by muuyo

I hope so Knappo 1307
he made few threatening remarks while on the phone.
when i said though i feel bad about the watch but not sure im resposible for this

hence asking for advice on TRF

This is why your phone has a "call blocking" feature.
The conversation ends when the threats begin.

[Valenciawatchrepair]

I once bought a vehicle on craigslist. Drove 45 minutes to get it. Drove back. Decided to detail the interior. Had engine idling to run A/C because of the insane Florida humidity. While sitting there idling the fan pulley basically came apart. Pulley, bearing, fan, etc. And it ended up flying into the radiator. Lovely evening. lol. But, I didn't expect the seller to pay. It's just one of those freak things that happens when you're dealing with used(especially mechanical) items. I think the seller was in the repair business, so I was able to get a decent deal on the repair, but I still paid for it.

[jcs2000]

You owe him nothing.

[muuyo]

i did not offer any warranty. im not in watch business.

i have sent long text to the buyer about the situation.

though i feel bad im not responsible about the watch, and as i told him when he was buy give a long thought before buying since i am not resposible for anything once its out of my hand, and only thing i can help you with is introduce buyer to a well know rolex certifed repairer in the area.

i havent got any response yet.

[muuyo]

Originally Posted by Rocket_Man

You should advertise the watch "as-is" and put that on the bill of sale. This means there is no warranty per the Magnuson-Moss act.

Was it actually serviced by the RSC? Or did they just give you an estimate? If they actually serviced it then it has a 2 year warranty.

My guess is that he is not familiar with the movement and is not pulling the crown out far enough. Ask him if the second hand is still running.

You don't have any responsibility after the sale unless you offered a warranty. If you feel bad enough you could chip in to have it fixed out of the goodness of your heart. I'd find an independent near you vice the RSC. A lot cheaper.

watch was not serviced by the RSC. i just had it estimated so to prove authenticity

[MonBK]

Forget about him.

His warranty expired when you went separate ways.

[CorradoBrit]

Sold a 10 year old vehicle last month. Buyer was out of State and wanted extra assurances regarding condition of car eg, oil analysis, full detailed photos, copies of service reports etc etc. Car passed analysis with flying colors. We agreed day for him to fly down and complete purchase. We signed a detailed bill of sale which basically cleared me of any responsibilities once keys were handled over and title transferred in his name.
He spent a good hour going over every inch of car, scanned ECU with VAG-COM to detect stored flags etc. Took car for test drive and a 1/4 mile from my home he red lines it. I was shocked someone would do this on a test drive with in a car that wasn't his at that moment. Luckily nothing happened. We complete the sale.
2 days later I got an email from buyer stating 30 miles from home (out a 1200 return trip) the car breaks down. He includes photos of tow truck and photos of a timing belt with stripped teeth. Since this is an Audi with an interference design, once the timing belt fails the damage can be catastrophic. After the witnessing what I saw during test drive i wasn't 100% surprised. Car was tuned and putting out significantly more power than stock.
He wasn't blaming me but was trying to make me feel guilty.
Bottom line is that I will now make anyone sign a waiver prior to taking my cars for a test drive. You break it you bought it...... or let me drive.
Always plan for worse case scenario and sign a bill of sale stating sell 'as is, where is' no warranty whether its a watch or a car.

[marv_lopez12]

Thats not your problem.

[function12]

Tell him you have an out of sight warranty. Once he is out of sight. So, is the warranty.

[Tony64]

Originally Posted by function12

Tell him you have an out of sight warranty. Once he is out of sight. So, is the warranty.

[AK797]

I would give any buyer a couple of days to check everything was working OK and then they are on their own.

[muuyo]

Originally Posted by CorradoBrit

Sold a 10 year old vehicle last month. Buyer was out of State and wanted extra assurances regarding condition of car eg, oil analysis, full detailed photos, copies of service reports etc etc. Car passed analysis with flying colors. We agreed day for him to fly down and complete purchase. We signed a detailed bill of sale which basically cleared me of any responsibilities once keys were handled over and title transferred in his name.
He spent a good hour going over every inch of car, scanned ECU with VAG-COM to detect stored flags etc. Took car for test drive and a 1/4 mile from my home he red lines it. I was shocked someone would do this on a test drive with in a car that wasn't his at that moment. Luckily nothing happened. We complete the sale.
2 days later I got an email from buyer stating 30 miles from home (out a 1200 return trip) the car breaks down. He includes photos of tow truck and photos of a timing belt with stripped teeth. Since this is an Audi with an interference design, once the timing belt fails the damage can be catastrophic. After the witnessing what I saw during test drive i wasn't 100% surprised. Car was tuned and putting out significantly more power than stock.
He wasn't blaming me but was trying to make me feel guilty.
Bottom line is that I will now make anyone sign a waiver prior to taking my cars for a test drive. You break it you bought it...... or let me drive.
Always plan for worse case scenario and sign a bill of sale stating sell 'as is, where is' no warranty whether its a watch or a car.

this was my first sell of my watch, and now i know for future sale to put a clear statement 'as is' just to make sure

[Chewbacca]

the GAsalesP for selling anything used or privately is adding the as-is, where-is, no warranties implied or stated disclaimer.

even if an item is 100% fine. its always good to add and its legally binding if theres no superseding statutes or governing bodies that would override the item classification for sale.

but it could cost sales since people will assume the worst and pass.

so, ya, i don't know what the OP could or should do -- especially after being threatened.

[muuyo]

Originally Posted by Chewbacca

the GAsalesP for selling anything used or privately is adding the as-is, where-is, no warranties implied or stated disclaimer.

even if an item is 100% fine. its always good to add and its legally binding if theres no superseding statutes or governing bodies that would override the item classification for sale.

but it could cost sales since people will assume the worst and pass.

so, ya, i don't know what the OP could or should do -- especially after being threatened.

still no response from the buyer after long text i have sent him.
just hoping he understood my points and his emotions shrugged away.

possibly he just needed place to vent his unfortunate incident toward someone, now im guessing like the CorradoBrit's experience buyers was trying to make me feel guilty also.

[turboevo2]

That's why sometimes it's best to buy watches from watch delears because they would give warranty. If you buy from individual the buyer must assume responsibility and risk.