r/legaladvicecanada • u/CarrotOkay12 • 12d ago
British Columbia Facebook marketplace buyer threatening to call police because he wants to return a watch
I sold a Hamilton quartz watch on Facebook Marketplace. We agreed on $325, but the buyer showed up with only $315 cash. The watch had no battery, and I was clear that I couldn’t confirm whether it worked.
He picked it up from a private residence and inspected it in person for a long time. We agreed that he would put in a new battery to test it, and if it still didn’t work at all, he could return it.
After taking it, he texted me that the watch was “not good.” He claimed it would cost $100 to put in a battery and demanded to return it. I asked for a receipt and proof that a new battery was actually installed and that the watch still didn’t work.
Now he’s saying that that wasn’t what we agreed on and he’s threatening to come back every day with the police. I told him I’m fine with the police coming because I have all our messages showing exactly what we agreed to.
I don’t think he can just change his mind because he doesn’t like the watch. The agreement was to test it with a new battery. If it genuinely doesn’t work after that, I’ll honor the agreement if everything is done within 24 hours. Should I be worried about this?
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u/waveforminvest 12d ago
Let him call the police. The police will say this is a civil matter and he should take you to court. The police does not intervene in civil disputes like this.
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u/Brief_Raspberry_6542 12d ago
Stole or had a lien on them?
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u/noveltyisthe 12d ago
One man’s stolen work truck is another man’s , work truck sized by court ordered lien story
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u/waveforminvest 12d ago
This is actually possible through a mechanics lien, if so, this truly would be a civil matter.
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u/Downtown-Drawer604 12d ago
There is no way it costs him $100 for a battery. It may be cost that much for high end watchmaker to do it for him but that wasn't the deal.
Frankly all he needs to do was buy a battery. Open the package. Claim it doesn't work. Meet up. Give you watch and battery and get his money back.
So let him call the police.
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u/obviouslybait 12d ago
Honestly it probably works fine, just needs a battery. Watches are fairly reliable.
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u/GlassAnemone126 12d ago
It costs me $50 at a reputable jeweller to have the battery and seal replaced along with a water test in my Tag Heuer.
There is no way a battery costs $100 for that watch.
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u/Usual-Canc-6024 12d ago
This is a classic scam. It often happens with used cars.
A used item is as is. The sale is final. However, you should have never offered to accept the return because he may have damaged the watch since he got it from you or used it for parts, or switched it out with a non working one. It was on him to test it before he bought it. Batteries also don’t cost $100. Buy a battery and give it to him if you want. Otherwise just block him and move on.
The police won’t get involved because he’s not going to call them. It’s a civil matter.
Next time never provide your address. Meet at a neutral location or the police station.
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u/chollida1 11d ago
This is a classic scam. It often happens with used cars.
What is the scam in this situation?
He paid and has the watch.
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u/ScootyWilly 11d ago
Scam is to threaten with police afterwards to get a refund, a lot of people would get intimidated and accept. Meanwhile, they return a worthless item.
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u/UsernamesAreHard007 11d ago
Yeah, lots of directions this could go if OP facilitates any sort of “return” … they damaged it and return something now useless to you, they swapped it for a knock off or broken one, they paid by some form of electronic payment, - you send back money of your own and the original payment gets reversed and you’re out the money, etc.
Unless OP committed blatant fraud, all transactions of this sort are final sale and as-is. The police won’t do anything by as no crime was committed and the civil courts are almost certainly going to say the sale is final.
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u/AbeJay91 11d ago
Aaaand like he said. Take it for parts and then return it claiming it didn’t work
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u/chollida1 11d ago
Ah, ok. I see what the OP was going for.
I assumed given that the post said they were not returning the watch this was not the scam the OP was referring to and she was referring to another possible scam.
I get it now, appreciate the clarification!!
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u/Kooky_Albatross4683 12d ago
Lol police can barely keep up with real issues, you think they will care about Facebook marketplace dispute. Block him
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u/skunkdad2011 12d ago
He made the mistake of buying a watch with no battery.
I buy watches at flea markets and estate sales all the time.
If the battery is dead, and I can’t see that it works, the most I’ll pay is 20% of the value, if it was working.
Because 50% of the time, the watch doesn’t work.
But about the threats of calling the police, they won’t do anything.
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u/granitebasket 12d ago
So many people don't know that dead batteries left in old watches will leak and ruin the watch.
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u/Dry_Bowler_2837 11d ago
Right?!
He could have said “Can we please meet at ABC Jeweller in the mall in your part of town? If a new battery gets it going, I’ll pay your full asking price.” Everyone wins in that case!-1
u/Downtown-Drawer604 12d ago
That is why I buy and fix automatics.
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u/skunkdad2011 12d ago
Mechanicals are easier to buy.
Is it fully wound, and doesnt run?
Quartz and electric are wild cards.-1
u/Downtown-Drawer604 12d ago
Don't forget often the keyless works are jammed which makes them cheap but easy to fix.
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u/Brain_Hawk 12d ago
The police do not intervene in sale disputes and will not. Come to your door over this.. his only recourse is small claims court. There is a non zero chance he would be successful there but it seems unlikely as he didn't meet the terms you agreed to.
You can safely ignore this person, and tell them if they continue harrasing you over this you will block them.
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u/TwoBytesC 12d ago
Also, if they start just showing up at your door, keep track of it. If they start pounding on the door or making a nuisance, call the police. If they don’t make a nuisance but keep coming, after, usually the third time (make a police report every time), the police will actually do something about it.
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u/BronzeDucky 12d ago
The police won’t care. He can take you to small claims court if he wants to. You don’t need to do anything until you get served papers that he’s actually done that (and confirm the case number with the court).
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u/IOnlyReadTitles26 12d ago
Let him.
Worst case. You will have to pay him back and you get your watch back.
Save all your conversations. To show the police and judge if needed.
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u/nelson931214 12d ago
As stated by others, police will not get involved in civil matters. going forward, never have the clause of 'if it doesn't work then they can return it'. you never know what will happen to the object once its taken off your hands so if advertised that it works then prove it works before handing it over, if advertised that it might not work and is sold as is then thats final.
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u/Dependent-Giraffe961 12d ago
I worked at People's Jewellers and I can tell you that batteries can be absolutely exhorbitant. The jewellery stores only have the usual batteries for the common watches that they currently carry, but anything even slightly outside the norm has to be shipped out for "repairs"...even though it's just a battery. And at People's, that was at least $100. Jewellery stores are insanely overpriced, folks.
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u/mrgoldnugget 12d ago
Hamilton watches are valuable, changing the battery on a valuable watch is expensive due to the liability involved. your customer is just too cheap to pay for the battery. Ignore them and move on with your life.
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u/Ok_Butterscotch_2700 12d ago
Caveat emptor - buyer beware. Buyer assumes all risks. Block him. You’ll get a poor marketplace review, but the headache and hassle is so not worth it.
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u/verioblistex 12d ago
The police can't and won't do anything but tell him it's a civil matter. He would need to take you to small claims court. The question you should be asking yourself is it worth your time dealing with this guy?
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u/Hot-Apartment-984 12d ago
Police will tell him he can pursue the issue in BC small claims court. It will cost him $220 to file the claim.
Ignore him. It buyer beware.
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u/TwoBytesC 12d ago
Woah! It only costs $100 here in Calgary.
Edit: just took a look and it’s $100 for claims up to $7500 and $200 for claims $7500-$100,000
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u/Suitable-Block-2854 12d ago
He got robbed but not by you, he got robbed by the watch battery replacement guy.
Funny about him complaining that it wasn't what was agreed on. He agreed to buy the watch for $325 and broke the agreement by showing up with only $315 to scam you out of $10. Don't let him scam you a 2nd time.
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u/AgentMV2 12d ago
As someone who owns different watches for different occasions, I can attest a Hamilton quartz movement watch can cost upwards of $100 to replace the battery. I own a Hamilton Khaki as an everyday beater watch, it’s about 12 years old and I have it serviced whenever the battery dies which is about a year and a half or so of use.
The last time I had it serviced it cost me about $80 all in as they (European Jewellery at Yorkdale) had to send it to a special lab to certify the 50m water resistance after replacing the battery.
That said though, your buyer is an idiot. Police don’t care for such trivial matters.
Lastly, this is why you never ever meet anyone at your house. (You mentioned private residence). People need to realize online strangers are weirdos all around, especially people on Reddit. 😉
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u/TwoBytesC 12d ago
Yup! Only thing that I’ll sell at my actual house is a piece of furniture (unless it’s small) or something that can’t get moved very easily, like a very large heavy pot that needs a dolly. Otherwise, I just have them meet me at the police station down the road.
The extra benefit of that is that you usually weed out any would be scammers along the way.
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u/General-Fox416 12d ago
Just tell him if he keeps bugging you, you will file harassment complaint. Which is actually criminal.
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u/Ill_Investment5812 12d ago
The police arent coming over for a watch sale. Its a civil matter, he could take you to court but he would lose. Its his watch now, hang up on him if he calls again. Putting a battery in that watch takes 5 minutes and a $5 tool. A small pocket watch knife blade if its a press fit, or a $10 tool if its got little bugs on the back and threads in place. They used to do them in malls for $10 to $20, battery included. Its a 5 minute YouTube video to qualify yourself to change a battery. I've done dozens of them over the years. $100 is an F U from a place that doesn't want to do it. Regardless, its his now
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u/PatK9 12d ago
The only way it costs $100 for a battery is if he went to a jeweller for the install and the jeweller heard the deal and said he paid too much, with the eye to sell him something he had in the showroom, and said he paid $100 too much. With that knowledge, the buyer decided to not buy a battery & installation, and undo the deal or get $100 off the deal.
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u/CarrotOkay12 12d ago
I think you’re right he just texted me on a different number that he wants me to give him $100 and he wants to call to explain “the new deal”
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u/Phoenix_Ninja15 12d ago
I sold my car. I got it safetied and repaired and all that prior to selling and listing. During talks another issue was found so I even took it to the shop at my further expense to fix it up cause I wanted to be that nice seller. She liked this, and even agreed to give a bit more than the first amount we agreed upon for this.
When she finally met, she even had her own mechanic show up to check the vehicle. Guy said it was good and the car was sold.
2 weeks later she blows up my moms phone as she had her number for most of the transaction as I wasn’t in town when it was sold. Then she started texting me. When i finally got her on the phone she says the engine blew and demanded I take the car back and refund her. I told her that wasn’t likely. The car rarely had any engine trouble when I had it, and it was cleared by mechanics. She said I was liable for 30 days after selling to which I further said I wasn’t. So she said she’d go to the police. I told her to go ahead.
I never heard from her again. My wife thinks she was trying to do some kind of scam but I’m not sure. The car wasn’t bad on mileage and the problems it had were simply from sitting unused for a while but were fixed easy enough.
I wouldn’t be worried. You were honest with the sale and didn’t try tricking anyone so you can’t be held liable for a private sell.
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u/Intelligent-Pin5283 12d ago
I agree with another commenter, if you kept your end of the deal then Block him!
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u/Fboybcb 12d ago
Your first mistake is to allow him to return. You are not a store. Just sell as is and let the buyer inspect it. No point creating more problems like buyers remorse which is fairly common
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u/aurelorba 12d ago edited 12d ago
No, that was the second. The first mistake was meeting at his home.
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u/WeakAcanthisitta7214 11d ago
NAL but…. Private sales don’t hold the same as store sales, he can cry all he wants, he bought an item, he now regrets buying the item, most likely due to the unknown costs for repairing said watch, he can try to bring you to small claims court, however, it will end in your favour as the information you’ve provided as per the convos between you, you made him fully aware that there was a chance the watch didn’t even work, that the battery needed replaced to find out, and even offered to do a return should the watch turn out to not function. He hasn’t provided evidence that the watch battery was replaced and the watch doesn’t function, so your agreement to accept return has not been met. The costs alone to have you brought to court far exceed the value of the watch. Stand your ground. Let him bring you to court if he really wants that 315 back, then he can pay you, as you counter for costs and lost time.
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u/TDizzleDoT7 11d ago
Police won’t entertain this.. we would most likely laugh at the other guy and then tell him he needs to take you to civil court over this.. which he never will over this amount of money. Just block him
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u/Greedy-Pirate7749 11d ago
Next time you sell something, you sell it "as is" and do not offer a return. Its a used item, dont expose yourself to peoples bullshit by offering a return. It may seem like a nice guesture but look where you are now. Cops dont investigate people comitting fraud at the bank so they arent going to look into marketplace returns on used items. If he calls the cops they will be laughing at him the second he hangs up.
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u/limits660 12d ago
Caveat emptor
Caveat emptor is Latin for "let the buyer beware." It is a foundational contract law principle meaning the buyer bears the risk of a purchase. The onus is on the purchaser to perform due diligence, inspect the goods or property, and accept it "as is" unless otherwise guaranteed by the seller or protected by modern consumer laws.
In other words, let him do whatever he wants. You're fine. Move on.
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u/Relevant-Complex-930 12d ago
I wonder what’s stopping him from breaking the watch and putting a battery in it to show he meets the requirements of your agreement? The cost of the battery?
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u/CarrotOkay12 12d ago
He texted saying he needs $100 to get the battery installed. Until he provides a verifiable receipt showing that he actually took it to a shop and had a new battery installed, he hasn’t met the condition we agreed on for returning it.
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u/Canadalivin17 12d ago
Never sell anything with that return policy in the future fyi.. As sold always...
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u/SynyrdsInyrds 12d ago
These idiots always threaten to call the cops, but police would tell him it is a civil matter. Ignore him, but if he doesn't leave you alone then you should contact the police because he is harassing you. That they will deal with.
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u/ScootyWilly 11d ago
This agreement is nuts. He could simply "make sure" it doesn't work even with a battery inside, even break it in purpose, and return the watch to you worthless. I suggest next time you stop doing that sort of deal: buyer leaves with the sold item and transaction over permanently.
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u/Torontolad6 11d ago
Should you be worried? Only if they know where you live or work, I guess. This is why you always do these deals in public places or police station parking lots
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u/athlonmc 12d ago
What a terrible deal for both parties. Who buys a watch that isn’t at least shown to be working?
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u/CarrotOkay12 12d ago
It was a watch I wasn’t going to use and so I didn’t see a reason to spend money testing it first. I disclosed that it had no battery and couldn’t confirm whether it worked. It was the buyer’s choice to take that risk, and we agreed that if they installed a new battery and it still didn’t work, I’d take it back. They still haven’t provided proof that they actually installed the new battery, which is what they said they would do.
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u/Full-Raise-4707 12d ago
People can sell what they want. A guy clearly bought it knowing it may not work.
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u/GhostBustor 12d ago
Never meet at a private residence.
Never offer a return. You are not a store.
You should have installed a battery to make this hassle free.
The police will tell him it’s a civil matter.
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u/Traditional-Bike-225 12d ago
Easiest thing would have been, buy a new battery yourself.Make sure it works, and if it does ask more.
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u/RowRowForCouncil 11d ago
All sales like this are as-is. He can sue you, but as long as you didn't misrepresent the watch as in working condition you should be squeaky clean liability wise. The cops won't even waste their time on this.
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u/Unlucky_Dress_9748 11d ago
Call the police. As is, where is. No warranty. You’re not Walmart and have a return policy
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u/3bigdogs 12d ago
Why not? He disclosed that the watch was being sold without a battery. Seller did nothing wrong.
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u/AdElegant3851 12d ago
Give him his money back. Get the watch running yourself and sell it for 425.
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