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72 hour refund law

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I inadvertently and under great duress, sold my deceased mother's gold jewelry Friday night 7:30 pm Sept 2, and called **** LLC the next evening at 7pm and followed up with three e-mails with pictures and explanation of why I wanted my jewelry back and that I felt I was pressured and within my legal right according to a 72 hour Florida Law regarding buying and selling which I so far can't find online. Can anyone help me answer this question?

Here is longer explanation of what happened. I am 62, alone and disabled being treated for chronic pain and depression. I was on my way to Home Depot with a young man who is helping me with my computer when I saw a store saying "We buy gold" and on the spur of the moment, I decided to stop and find out how much a silver bracelet was worth which I had recently received from some scam artist who owes me a great deal of money and I was in fear that he and his friends were scoping out my home and planning to rob me.

In my purse, I also had my mother's herringbone gold necklace, two gold rings and two duplicate gold earrings and pendant left to me that I had been carrying around to figure out where to hide them and eventually find out what the value was as well. I went in with this young student who had just shown me a scotter he had no money for and he was without any transportation so I should have known he wouldn't have my interest at heart. I showed her two silver bracelets but soon I was showing her the gold and the saleswoman started pressuring to sell all these items in spite of telling her how I was still grieving for my mother and I really didn't come in intending to sell this gold and having learned the value, I really needed some time to think about it and that I have other scrap metal and old watches I would be happy to look through and bring in another day. She was so smooth with making new and better offers, it became so confusing and believe it or not, I was beginning to feel obligated to sell this since she had taken this time to test everything and tell me what it was all worth as a whole...never per each item other than the bracelet with the marcasite design which was only worth about $5.00 and I wouldn't be surprised if that guy stole it.

Raysa would not take no for an answer and before I knew it, she had me thinking, "well, I'll keep the one ring that I would wear and might as well sell this before someone steals it and as I later wrote them the next day; I am depressed and upset, under doctor's care and not in my right mind. I can imagine that I was also thinking how I could help the young man but I told him not to assume this money would be for his scooter, but maybe he could work it off and I could help him that way. I'm sure he was not paying attention to my resistance to parting with this jewelry from my mother and looking out for his own interest since he knew I wanted to help him get a scooter.

Raysa, the saleswoman, wrote me a check and I asked her for a receipt and she told me they don't issue receipts but she gave me their business card with three DWT weight and wrote the total amount of the check for $645 which BTW, had started out at about $400 offer originally. She had me sign three pieces of paper and as it was already half an hour past their closing time, I didn't have time to read the fine print and just signed them never seeing or hearing anything about how "ALL SALES ARE FINAL"

By Saturday, I was just out of my mind with regret for selling the only jewerly that my mother wore for years and years; and how could I have let myself be talked into doing something like that when I was truly not desperate for money and had done no research on selling jewelry and now i have lost the only heirlooms that really had any sentimental value to me. By 7pm, I called them and left a message that I wanted me jewelry back.

After leaving a phone message, I went on their website and read their policies which said nothing about "all sales being final" and how "There is absolutely no pressure to sell, and everything is explained in detail right in front of them...And yes, we remove gemstones! "

Talking to Lauren today, I was crying telling her nothing is carved in stone and in the big picture, the jewelry means nothing to them and everything to me and my mother would be so upset that I would be so thoughtless to do such a thing. The saleswoman had told me the embedded diamonds pieces were essentially "worthless" and she couldn't remove them, and when I talked to them today, Lauren told me they have a video which I know can prove that regardless of their "policies" supposedly written on the door and on a paper I signed, everything was not explained in detail to me as stated on their website, nor was I given any business receipt .

On Saturday night, I followed up with an e-mail explaining the situation along with seven pictures of my mother at various times wearing the necklace, earrings and rings plus the Jade pendant (which she did give me back the stone when I asked for it.) I called them twice today and the receptionist told me she never heard of the 72 hour law and couldn't do anything but tell me it is not melted for 15 days because it is checked for stolen property but that their policy is "all sales are final." "Lauren" said she leave all messages for her boss, **** and that I could probably reach him on Tuesday Sept 6 after Labor day and that quite probably he would tell me the same answer that "all sales are final. "

While Laruen told me that they would mail me a receipt, I told her she didn't need to mail me one as I didn't receive it at the time of sale and to tell her boss that I would be happy to organize one of their "gold parties" and invite all the snowbirds and people who live in this mobile home park but to please just honor their online promises of being the most trusted names in gold buying... We pride ourselves on the relationships we've built with people like you so would they please just give me my jewelry back and I will return their check.

Can anybody tell me if I have any legal right within the 72 hour law to have this jewery returned to me and give them back their check? Is there any value in trying to pursue this legally? This is very distressing that I was able to print this but not able to copy and paste into a do

...[Message truncated]

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I'm sorry, but you likely have no recourse here.

First, you did not sell under "duress." Duress means the use of illegal threats or acts to induce you to enter into the contract. Putting a gun to your head to make you sell is duress. Using guilt and high pressure sales tactics are not illegal and are not duress. That you caved into the clerk's sales pressure in part because of your chronic depression and pain is unfortunate, but does not give you any recourse against the store.

Second, many folks seem to be under the mistaken impression that the law allows all consumer contracts to be canceled within a short time (e.g. 3-5 days) after entering into them. The reality is, however, that the law only gives consumers the right to cancel a few selected types of contracts after entering into them. These laws are sometimes called "cooling-off laws." Under federal law, you may cancel a sale that occurs in your home (e.g. door-to-door vacuum cleaner sales, etc) within 3 days. You may also cancel certain loan contracts within 3 days. Some states have added a few more types of contracts that you may cancel by law. You can read what is protected under Florida's cooling off laws from the Florida State Attorney General's web site. You'll see that gold/jewelry sales are not covered, and thus you don't have a right to cancel after entering into the contract except whatever right the contract itself gives you. If the contract does not provide a right to cancel, you are likely stuck here.

You may file a complaint with the Florida Department of Agriculture and Consumer Services against this company if you like, although from your description it's not clear that the company broke any laws here, so it may be that the state can't do anything to the company for what happened here. The information for where to make the complaint is at the bottom of the cooling off page that I linked above.

You may also see a FL attorney who handles consumer rights cases to see if he or she can see anything for you to pursue. Unfortunately, though, it may turn out that there is nothing you can do and that the sale is indeed final.

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Thank you for your prompt reply which I must say after spending several hours writing that story, really took the wind out of my sail. This is the first time I have used this online resource and this is a wonderful opportunity to be able to share experiences and get helpful guidance as to our options as it seems that I have one long stream of things happen so much that it makes me think I must have "TARGET" written across my forehead.

I don't seem to have a way to reply to the person who answered my question and can't see your answer as I write now; but as I recall you said that the sale of gold does not fall under the 72 hour law which you gave me the link to research further which I will do after I take some break from this and another legal matter I'm also working on writing all day long. If I continue to research this and talk to a local attorney, do you think I have any chance to be the "exception to the rule?" Are only attorney's allowed to "reply" on this website? I'm sorry, don't know how to make this in the form of a discussion but I do have a question:

Given that this company is nationwide and high profile, aren't they concerned about their reputation; Or do you think that they would feel that might make them look weak and then believe that everyone would feel they could change their mind and that their is no exception to the rule. How can that be?

I recently saw "Reversal of Fortune" the story of the famous NY Jewish lawyer who defended OJ Simpson (since deceased) who defended Klaus Van Bulen who was originally convicted of poisoning his wife into a coma? I can't think of his name but this was the late 70's and Mr. KVB could afford to pay the then college professor, $300/hour which included 9 student researchers and they did prove beyond a reasonable doubt that there were real problems with the evidence and IMO after watching the film, Mr. KVB should have been deemed innocent as he was (although I'm sure some would disagree based on a moral question. My point being, he he didn't have the money to pay for a further investigation, he would still be rotting in prison like most poor innocent souls.

I happen to have a free appointment with an attorney on another matter regarding some work done by some licensed contractor's who then put a $600 lein on my home and the Dept of Consumer affairs agrees that I am in the right and they are suppose to remove the lein since 2009 but have yet to do so. I might write more about this another day; while there is no promise he will represent me, do you think it is worth my and his time to bring up this gold transaction?

While as you say, they may be within their legal right; I promise you I'm not exaggerating how slick she was and how vulnerable I was and this is an issue of dire warning for consumer protection particularly for the elderly and disabled. Also, do you think this is something I could take to the TV news station: "Eight on your side" Do you think these people want a big stink made and their name in red lights? Or do you think I really just have to roll over and lick my wounds and live with the consquences of another legal but slick scheme to get people's money? BTW, I was under duress before and they made it worse. I'm really devastated by this. FUI, My friend in retail business told me that the jewelry pieces themselves, were worth at least twice what they paid me for the actual gold.

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I told my whole story under my question about the 72 hour return policy in regards to inadvertently selling my deceased mother's gold jewelry under which "Tax Counsel" said gold doesn't fall under that Florida law and that I was probably likely going to have to accept their policy (I never saw or heard anything about) that "all sales are final"

I was told yesterday by a "****" pawn shop owner that that quote really means nothing. There is always an exception to the rule and that even though I sold through a "****" company, that by law he is required to give me a receipt. When I called them today, the receptionist seemed a little surprised that they didn't give me a receipt, and if they do send me one, I'm not sure I would even open it until I talked to a lawyer.

I asked her and she told me "that is not our policy" so I asked her to give me something so she wrote on the back of their business card which merely said the DWT (which I think means the weight) and the total, $645 on 9/2/11. There were so many red flags, I just can't believe I was that vulnerable to such fast talk.

The Pawn shop owner also told me that the reason there is a 15 day policy to hold and share (I assume the papers I signed) with Dept of Agriculture and the police for stolen items, that they are not to alter the jewelry in any way although I did ask her for the Jade center piece.

Don't you think it is odd that she insisted on cutting and removing the guard to weigh the ring, but left the jade in the pendent when she weighed it and it was only after the transaction, that it occurred to me to ask her, "What about that jade? Which she said, fine and bent back the prongs and gave it to me but she said the tiny diamonds were virtually worthless and she didn't have anything to remove them; however, later on their website, I saw that it clearly says, "And yes, we remove gemstones!" Aren't diamonds gemstones?

AGAIN, DO I HAVE ANY RECOURSE AND SHOULD I SEEK LEGAL COUNSEL IN REGARDS TO THIS OR HOW CAN I WARN OTHERS?

[This post has been

edited to remove personal or identifying information. -Moderator]

[This post has been moved to the appropriate discussion. - Moderator]

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Whatshappening said...

I inadvertently and under great duress, sold my deceased mother's gold jewelry Friday night 7:30 pm Sept 2, and called **** LLC the next evening at 7pm and followed up with three e-mails with pictures and explanation of why I wanted my jewelry back and that I felt I was pressured and within my legal right according to a 72 hour Florida Law regarding buying and selling which I so far can't find online. Can anyone help me answer this question?

Here is longer explanation of what happened. I am 62, alone and disabled being treated for chronic pain and depression. I was on my way to Home Depot with a young man who is helping me with my computer when I saw a store saying "We buy gold" and on the spur of the moment, I decided to stop and find out how much a silver bracelet was worth which I had recently received from some scam artist who owes me a great deal of money and I was in fear that he and his friends were scoping out my home and planning to rob me.

In my purse, I also had my mother's herringbone gold necklace, two gold rings and two duplicate gold earrings and pendant left to me that I had been carrying around to figure out where to hide them and eventually find out what the value was as well. I went in with this young student who had just shown me a scotter he had no money for and he was without any transportation so I should have known he wouldn't have my interest at heart. I showed her two silver bracelets but soon I was showing her the gold and the saleswoman started pressuring to sell all these items in spite of telling her how I was still grieving for my mother and I really didn't come in intending to sell this gold and having learned the value, I really needed some time to think about it and that I have other scrap metal and old watches I would be happy to look through and bring in another day. She was so smooth with making new and better offers, it became so confusing and believe it or not, I was beginning to feel obligated to sell this since she had taken this time to test everything and tell me what it was all worth as a whole...never per each item other than the bracelet with the marcasite design which was only worth about $5.00 and I wouldn't be surprised if that guy stole it.

Raysa would not take no for an answer and before I knew it, she had me thinking, "well, I'll keep the one ring that I would wear and might as well sell this before someone steals it and as I later wrote them the next day; I am depressed and upset, under doctor's care and not in my right mind. I can imagine that I was also thinking how I could help the young man but I told him not to assume this money would be for his scooter, but maybe he could work it off and I could help him that way. I'm sure he was not paying attention to my resistance to parting with this jewelry from my mother and looking out for his own interest since he knew I wanted to help him get a scooter.

Raysa, the saleswoman, wrote me a check and I asked her for a receipt and she told me they don't issue receipts but she gave me their business card with three DWT weight and wrote the total amount of the check for $645 which BTW, had started out at about $400 offer originally. She had me sign three pieces of paper and as it was already half an hour past their closing time, I didn't have time to read the fine print and just signed them never seeing or hearing anything about how "ALL SALES ARE FINAL"

By Saturday, I was just out of my mind with regret for selling the only jewerly that my mother wore for years and years; and how could I have let myself be talked into doing something like that when I was truly not desperate for money and had done no research on selling jewelry and now i have lost the only heirlooms that really had any sentimental value to me. By 7pm, I called them and left a message that I wanted me jewelry back.

After leaving a phone message, I went on their website and read their policies which said nothing about "all sales being final" and how "There is absolutely no pressure to sell, and everything is explained in detail right in front of them...And yes, we remove gemstones! "

Talking to Lauren today, I was crying telling her nothing is carved in stone and in the big picture, the jewelry means nothing to them and everything to me and my mother would be so upset that I would be so thoughtless to do such a thing. The saleswoman had told me the embedded diamonds pieces were essentially "worthless" and she couldn't remove them, and when I talked to them today, Lauren told me they have a video which I know can prove that regardless of their "policies" supposedly written on the door and on a paper I signed, everything was not explained in detail to me as stated on their website, nor was I given any business receipt .

On Saturday night, I followed up with an e-mail explaining the situation along with seven pictures of my mother at various times wearing the necklace, earrings and rings plus the Jade pendant (which she did give me back the stone when I asked for it.) I called them twice today and the receptionist told me she never heard of the 72 hour law and couldn't do anything but tell me it is not melted for 15 days because it is checked for stolen property but that their policy is "all sales are final." "Lauren" said she leave all messages for her boss, **** and that I could probably reach him on Tuesday Sept 6 after Labor day and that quite probably he would tell me the same answer that "all sales are final. "

While Laruen told me that they would mail me a receipt, I told her she didn't need to mail me one as I didn't receive it at the time of sale and to tell her boss that I would be happy to organize one of their "gold parties" and invite all the snowbirds and people who live in this mobile home park but to please just honor their online promises of being the most trusted names in gold buying... We pride ourselves on the relationships we've built with people like you so would they

...[Message truncated]

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