I am going to do my best at giving all details for this encounter

On saturday 3/17/07 I purchased a pre-owned Rolex watch for $3400 from a local jeweler. The watch has some aftermarket work done to it (2 Ct. Diamond bezel, oyster band). I asked many questions to the jeweler about the condition of it and he said the watch was in great working condition and was water resistant. 30 minutes after I left the watch began to fog up underneather the crystal. This basically means that there is moisture getting in under the crystal of the watch. The next morning when the jeweler opened I returned demanding a refund. The jeweler refused stating "its against our policy" over and over. He also told me that he believed I could be lying about the moisture. We brought it to a watchmaker together and I was correct about the seal problem of the watch and the bezel was on incorrectly. The watch was "fixed" for the time being. I wore the watch that day (sunday) and the Monday. On tuesday, while I was sleeping, the watch stopped at 5:30 AM. Rolexes have motors in them, not batteries, that run off of the kinetic energy of your body. I brought the watch to another jeweler and they tried resetting the time and the watch still will not work. The jeweler is closed now until Thursday.

My question is if I return to the jeweler and he refuses a refund, which I am sure he will do, can I take him to court and have the courts force him into refunding me for the watch? What plan of action should I take? As a side note, I am in Suffolk County, NY (in case that info is helpful)

Thank you for your anticipated advice,

Matt

It is always advisable to check the product condition, seals etc. before buying. Isn't there any warranty/guarantee?? Also, as watch is water resistant and moisture in it means that it must have some fault in its make. You have a good case. Keep the receipts in safe custody.