Mark
Washington,#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.