Diamond Misrepresentation: Understanding Deceptive Trade Practices & Your Rights

Question
Hi Peter,

I had purchased a diamond from a jeweler I had done business with for 20 yrs. At the time of purchase, I asked for an appraisal & diamond certificate. It took 5 months for the appraisal, and then all he could come up with was a copy of a certificate from EGL. I insisted on the original, which he couldn't get. Then he said he was going through IGL (Independent Grading Laboratory). That came back in about a week. It looked like an original, but had no contact info, no date, no plotting, and listed the stone exactly the same as his appraisal & the copy of the 1st certificate. Neither lab had the diamond when they supposedly certified it because I had it. I have had several correspondences with him, usually doesn't answer. I have complaints with the BBB, State of Fl Consumer Div, Federal Trade Commission, and the Jeweler's Vigilance Committee. He has told some of those agencies that I just can't afford the ring-that's why I am doing this. At my own expense, I had the diamond appraisal by a certified gemologist, and then sent it to GIA to be certified. They both concur that I paid a high price for a low quality diamond. The jeweler's documents say it is a SI2, I color. My appraisal & certificate list it as I2, color k. I paid 800.00 cash, financed 10,000.00 and gave him my old diamond that he supposedly gave me 4,000.00 credit for it. Now I have incurred more costs getting it certified, etc.
I can't afford an attorney so am planning to take him to small claims court for $5,000.00. The diamond was appraised for $10,050. Any suggestions? I'm pretty sure it is a violation of the Consumer Protection in Florida & the federal trade commission. Do you know anything about treble awards? This jeweler apparently doesn't think he has to answer to anyone. Thanks in advance for your time

Answer
HI ROBIN,

UNFORTUNATELY THIS SORT OF THING HAPPENS TO OFTEN. I THINK YOUR DOING THE RIGHT THING. I AM NOT FARMILIAR WITH THE TREBLE DAMAGES PART BUT I KNOW YOU HAVE ALL THE RIGHT DOCUMENTATION TO SHOW THAT HE DID IN FACT MISREPRESENT THE STONE TO YOU AND TRIED TO COVER IT UP. THE G.I.A. CERTIFICATE IS THE HIGHEST AND BEST DOCUMENT FOR A DIAMOND GRADING. USE IT FOR THE TESTIMONY YOU WILL NEED. I THINK IF YOU TELL THE STORY JUST LIKE YOU TOLD ME YOU WILL EASILY WIN THE SUIT. GOOD LUCK

PETER