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Can I sue a diamond seller for not providing me a certificate for a lab that is listed on my layaway contract?

Pleasanton, CA |

I put a diamond on layaway and it was to come with a certificate from GRA. The company has yet to produce it and has now told me they can not locate it and are going to send the stone to another lab, DLA. I requested a full refund, as they have not produced me the certificate that was stated on my contract and both labs in question have no phone contact information to have me verify the stone I have paid on is the stone in question.

Attorney Answers 4


  1. Best answer

    The difference between a GRA and DLA certification is probably nil. If your contract states that the stone would be GRA certified and did not have any conditions whereby a different lab would be used, then if they don't give you the GRA certification, you should be able to get your money back.
    You may want to have an attorney look at your contract.


  2. Depending on the amount you put down for the diamond, you might consider bringing a lawsuit against the company in Small Claims court.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Never heard of GRA or DLA, only GIA. One would have to review your contract, but your details above make it appear tht the certificate as a material element of the sale, and the condition has been breached.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  4. It sounds as if you have a material breach of contract. If you do not receive the benefit of your bargain, then you should move forward and demand a refund. You can file in Small Claims Court for up to 10,000.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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