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  • Report:  #985202

Complaint Review: Thompson's Auction Service LLC - Blanchard Oklahoma

Reported By:
Daryl - Norman, Oklahoma, United States of America
Submitted:
Updated:

Thompson's Auction Service LLC
2388 W. Hwy 62 Blanchard, 73010 Oklahoma, United States of America
Phone:
405-630-8694
Web:
http://www.thompsons-auction.com/
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I purchased a counterfeit Rolex watch at the Thompson's Auction weekly local auction.  Selling a counterfeit Rolex is illegal.  This watch looked very real and I bid on it as such.  There was at least one other bidder who also thought it was real as the bid was run up to $170.  At that price I thought I was getting a bargain for a real Rolex.  Later, I discovered that it is indeed counterfeit.

I contacted the auction and was told at first that I would get a refund.  Later, they changed their position and refused to give the refund.  I offered to have the refund given to charity but they still refused.  They claim that they are not responsible because the watch was in a box lot with a few cheap jewelry items and they did not specifically mention the watch before the bidding.

The box lot was on display so bidders could examine the items.  Therefore, I say that the counterfeit Rolex was effectively advertised despite the lack of a verbal statement.  The auction was aware that it was in the sale.  I witnessed Mary Thompson (auctioneer's wife and cashier) remove the watch and take it to another bidder who examined it and took photos.  Mary then replaced it in the box lot.  This other bidder also thought the watch was real as he became my main competition in the bidding.

After I made the winning bid and before I made payment, Walt Thompson (auctioneer) said:  "He just bought a Rolex for $170."  This deceptive statement reinforced my belief that the watch was real and that I was getting a bargain.  I really got suckered.



1 Updates & Rebuttals

Mark

Washington,
Oklahoma,
Illegal?

#2General Comment

Sat, March 29, 2014

 It is not illegal to sell a counterfeit watch so long as the seller does not hold out the item as genuine prior to the sell. It is most certainly illegal to manufacture a counterfeit watch in the United States because of copyright and patent laws, hence why they are all made in China and Japan. For this to be the fault of the auctioneer, who is acting as an agent of the actual seller, he would have to personally inspect each item before the start of the auction and be trained to know the difference between a real Rolex and a fake one.

There is a concept in law known as “Caveat Emptor”, or “Let the Buyer Beware”. Do you inspect the watch before bedding? As you stated the watch was included in a box of cheap jewelry. Do you honestly think the auctioneer or seller would have a real Rolex in a box of cheap jewelry and not sell it separately? Do you think, if the auctioneer knew about the “Rolex” and was selling it as a real Rolex he would have let it sell for $170?

When you are at an auction it is the duty of the buyer, not the auctioneer to inspect the items before bidding.

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