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I Bought a Stolen Watch on Ebay

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17K views 188 replies 103 participants last post by  Squashracquets  
#1 ·
Ok I'd love advice on the most fair way to handle a situation. In June of 2020 I bought an Oris ProPilot X on ebay from what appeared to be a very reputable seller with thousands of transactions.
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I paid a fair price...it was a good deal but nothing crazy. Received the watch, all good. Really like the watch.

A few weeks ago the watch developed a problem with the keyless works. I can no longer set the time. I brought it to a watchmaker who said he'd need a part that is nearly impossible to get and im best off sending the watch to oris.

So we contact Oris and they have us ship the watch to a US watchmaker who is an authorized repair center in the US for them (Im also in the US).

He reaches back out a few days later to say the watch is listed in the Oris database as stolen. We tell them where we got it (obviously I didnt steal it) and they ask for contact info for the seller.

I reach out to the seller who, to his credit, responds immediately on ebay saying he is shocked, nothing like this has ever happened before etc. (take that as you will). I suggest we speak in person. We struggle a little with ebay that always wants to mask things like email and phone number but he is able to look me up in the phone book and finds my home number and calls me. He reiterates that he had no idea. He bought the watch himself from a grey market dealer, and, assuming that Oris is right that it was stolen (apparently when it was new on a shipment to a dealer), who knows how many hands it may have gone through before he got it. That's his story anyway but I have to say after 20 mins on the phone with him, I believed him. I could be too gullible, but I couldnt help but think, hey, i could have been in his position. If I had gotten tired of the watch I totally could have listed it on ebay and someone could have bought it and then somehow found out it was in teh "stolen" database and I would have had no idea. (btw this original transaction occurred just a few months before ebay started their authentication program. I believe such an issue would now be caught by that process... at least I hope so).

So we have a few back and forths with Oris. They say that in order to fix the watch we have to pay $125 to have it (round trip) sent to Switzerland for an estimate. I say, ok, I mean i want to get it repaired, but of course I dont want to pay $125 for shipping if Oris is going to confiscate it. Oris says they will not confiscate it and will repair and send it back if thats what I want. So I said, well, if i am going to pay to repair the watch, is it possible to get the database updated so it no longer reflects being stolen, since I did purchase it and now im spending what Im guessing is $1000 or something like that for a service. They say no. They will fix it and send it back but it will always be in the database as stolen.

So hmmm... assuming Oris isnt going to double cross me here and confiscate the watch anyway, I can pay to repair it and get my watch back... but it occurs to me that if I ever did want to sell it I will have a problem.

So question #1 is - should I send it to oris?

Secondly, the seller is willing to discuss what might be able to be done to "make this right." In fact he told me when I first reached out he thought maybe I was just trying to scam him, to shake him down for some $ claiming the watch he sold me was stolen, but he doesnt think that anymore.

So if Im keeping the watch and paying to get it fixed, arguably I am not harmed here except the future resale value of this watch is pretty low (tho I have no plans to sell it anytime soon).

So the second question is, how to deal with the original seller. I could

1) tell him no worries. i realize he didn't know it was stolen. its my problem now. I get it fixed, keep it and just never sell it.
2) I tell him i want my $ back. to reverse the original transaction and I take the $ and buy another one. I dont know if thats reasonable almost 4 years later. Also the watch is now broken.
3) I suggest some middle ground whereby he gives me a partial refund but I keep teh watch to compensate me for the reduced value of the watch since its listed as stolen. And if so, what would be a fair amount.
4) other ideas?

The guy seems reasonable.. and I am also reasonable... but Im not sure what the right thing to do is.

Would love suggestions.

(and yes, obviously I probably should have checked the serial number when I received it. Lesson learned on that point).
 
#2 · (Edited)
You don’t own the watch….the original loser, or his insurers, own the watch, and will get it back, therefore you have lost the money, and the seller should refund you.

If he doesn’t, then in the UK he is liable to prosecution for handling stolen goods, ignorance is no defence in UK law.
 
#8 ·
you should contact ebay and discuss it with them and see what they say. I might also suggest lawyering up to determine what if any rights you might - or might not - have.

if it was indeed stolen on its way to a dealer, the watch should have been reported to their (or the carrier's) insurance, in either case it seems to me an insurance company somewhere owns that watch and insurance companies being insurance companies, once that claim is reopened, they're gonna want their watch back (or maybe offer it to you at a reduced rate but that means you paid for it twice)
 
#9 ·
you should contact ebay and discuss it with them and see what they say. I might also suggest lawyering up to determine what if any rights you might - or might not - have.

if it was indeed stolen on its way to a dealer, the watch should have been reported to their (or the carrier's) insurance, in either case it seems to me an insurance company somewhere owns that watch and insurance companies being insurance companies, once that claim is reopened, they're gonna want their watch back (or maybe offer it to you at a reduced rate but that means you paid for it twice)
For sure……

No way the title to that watch belongs to the OP.

And Oris will not return it to him….period.
 
#10 ·
Me thinks the AD that originally owned the watch dumped it to a grey-market dealer and told Oris that it was stolen instead, at $10K this seems like a top-of-the-line Oris model that may be specially treated in the AD contracts, prohibiting them from reselling it to grey dealer but they managed to find a "solution"....
 
#11 ·
What gets me is a stolen Oris. As nice as they are, really? And the number of transactions on that unusual watch. But then again tons of brands are being counterfeited now, not just Rolex and high end brands.

I’d get my money back from the dealer and be done with it. Since you really trust the dealer and have used and enjoyed the watch for a while, not getting back 100% of what you paid is a reasonable middle ground. You need to start over.
 
#87 · (Edited)
If it was stolen before it ever reached the dealer it could have been stolen by thieves that weren't 100% sure what they were stealing, like shipping company or airport employees. If they see a box or pallet coming from Switzerland and something else to indicate the cargo is Swiss watches they would know it's valuable enough to profit from without knowing the brand.
 
#15 ·
Return the watch and request refund if seller is offering it. If not, then contact ebay. It was not his watch to sell. It is not your watch to repair either. That said, it feels rather weird that Oris is telling you that they won't confiscate the watch that is reported as "stolen" in their database. If it is marked, it should also have contact information of either insurance or owner who reported it stolen.
 
#20 ·
Police will not do anything about it here. And statute of limitations is 5 years in my state. OP bought watch 4 years ago. If it was reported stolen to Oris, could have easily been over 5 years ago.
 
#26 ·
#28 · (Edited)
i agree i thought that was weird.
I echo what @Seabee1 said and contact eBay to see what they have to say about the matter before moving forward with anything. I would also hold off on taking any action which would put more layers between me and the watch (ie. don't send to Switzerland for service).

In a perfect world everything would be able to be worked out between Oris, the buyer, and the seller via email but we don't live in a perfect world.

It could be the case that all parties involved are providing honest stories but regardless, I wouldn't want to be the one left holding the bag.

In this case I would see if eBay has some kind of stolen property recovery program, send the watch to eBay, get a refund from eBay, and let eBay, the seller, and Oris deal with things between themselves.

FWIW this is why I've moved away from buying high-dollar watches from anything but big sellers. I would rather pay a slight premium than potentially have to deal with these kinds of issues.
 
#32 ·
Is it just me here who thinks the only problem the OP really has is that the stem does not set the time on the watch anymore ?

From what I understand, nobody else has a claim over the watch , it's still in his possession...

And about the problem with the keyless mechanism, there could be no new parts needed to fix it, there might be a watchmaker who agrees to work on the watch for a reasonable price, and all this sending to Switzerland thing wouldn't matter (which will probably take half a year on top of everything else )....
 
#61 ·
I'm inclined to agree....

I don't believe anyone is actually looking for this watch. Yes, by the letter of the law, the watch is reported stolen....by an AD who's intentions we have no idea. Was it stolen, or was it reported stolen? What was the end result of all this? A series of transactions happened until it fell into the OP's lap who has now owned it for 4 years and it needs a service. I agree, you may just need to find the right watchmaker. I really am inclined to think that Oris would not intentionally lie about sending back a watch for repair, but I would get it in writing if you choose that route.

I may be wrong, but I don't think anyone is looking for this watch. I think that as far as all the parties involved in the initial transaction are concerned, the matter is closed. The cost to send police, involve insurance...what? For a watch? That's broken and years old? Yeah, ok....no

Specifics were not laid out about what the seller on eBay said they were willing to do. Doesn't seem like they were really a part of all this. I'm not sure I would ask anything more of them. They sold it, you bought it and until all this....you were happy with that transaction.

You've owned this watch for 4 years now. It's yours....I'd just leave it at that. Now if you have some moral compass that makes that difficult....that's for you to decide. Personally, if it were me, I wouldn't see this as anything more than trying to straighten out the broken watch and the rest is just the history of the watch.

I can see I'm in the minority in this thinking.....I suppose there will be some sort of onslaught unto my own moral compass.
 
#35 ·
First thing I would have done is to contact Ebay not the seller. The good thing is the Ebay seller is still online. I am sure they have experience with this and have already developed a process. Second thing is Oris has authenticated the watch but it was reported stolen? Am I clear on this? If that is in fact the case, then as pointed out above the watch belongs to the original owner. Who is the original owner? I think you are obligated to return the watch. I am fairly certain that if you send the watch to Oris they will not return it to you. If you keep it you can not sell it. My advice is to contact Ebay and make them aware and go from there.
 
#36 ·
Not a good situation to be in here. Sounds like there will be some pain in this no matter how you look at it. You knowingly are in possession of a stolen watch is not a good place to be and I would send it back to the seller ASAP and get a refund, in full in my opinion. Not your fault the seller bought it from the gray market and it was stolen. You paid for a watch that was not stolen and you were sent one that was so I feel you deserve a full refund.

Personally I would not keep a stolen watch.
 
#37 ·
This isn't legal advice, but note that it depends on the jurisdiction. In CA, if you are a bonafide purchaser for value of a good that later turns out to be stolen, you are not liable if you were not aware that the property you were buying was stolen. In other words, the law in CA does not blame the buyer if the buyer had no clue. Put another way, a prosecutor would have to prove that you knew you were buying stolen property if they wanted to convict you in any way.

Now that's the law, and it's intended to be fair to the buyer, who one can argue, was equally swindled in the sale.

However, this is a far cry from the moral aspects of owning something that you now know is stolen, and the potential headache that might come up if the party to whom the good was stolen from, is notified by Oris that they have found the stolen property and give them your name and address. You would then have to deal with them. If they are cooperative with you, they may ask for the watch back and compensate you for loss, and then pursue the eBay seller and/or the person the seller bought the watch from....etc.

Or they could make your life difficult and make you prove you didn't know it was stolen and pursue other means.

At the end of the day, if it was me, I'd find a way to return the property and not send it in to Oris for repair. I would never feel comfortable knowing for sure the watch was stolen. It would never feel like it was truly my watch. I also wouldn't want to deal with any potential blowback from owning this watch.