Rolex resurfaced after been stolen.

[fsprow]

Rolex is not going to return a watch to anyone until this matter is adjudicated. Laws concerning this matter differ from area to area and I suggest retaining an experienced attorney to handle this.

[1665fan]

That’s terrible you have to jump through all these hoops and BS to get your watch back....if it was an older datejust you would pay more for the lawyer than the watch is worth........if you have the police report it’s your watch

[CalSRQ1]

Originally Posted by drblowfin

. The current ‘owner’ has committed a criminal offence by his handling of stolen property and could be prosecuted.


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If current owner purchased it innocently - sorry that’s false. Criminal offense requires intent.

[jaisonline]

At least you know where it is. That’s huge and far better than most see.

Good luck

[DonRickles]

If not returned to the original claimant, why bother reporting a loss ....I mean how hard is for this "new" owner, to say "I didn't know it was hot merchandise".....?

Hope it's returned the OP!

[Marcjvr]

Sadly there doesn’t seem to be a scenario here where someone doesn’t get hurt in some way.

Maybe the current “owner” did indeed buy it on good faith from someone else who bought it in good faith, etc.

Regardless though, sounds like someone is going to end up getting burnt. Let’s hope it was the thief who committed the crime

[Jack T]

A lot of questions raised, the model watch, jurisdictions involved, timing of the theft, report and resale; and was it insured and compensation received? No further comments from the OP.

[Marcjvr]

Originally Posted by Jack T

A lot of questions raised, the model watch, jurisdictions involved, timing of the theft, report and resale; and was it insured and compensation received? No further comments from the OP.

Maybe/hopefully he’s busy dealing with a real lawyer rather than us keyboard warrior lawyers

[Cloudchaser]

Originally Posted by Moondoggy

Depending on your jurisdiction, in many instances if a stolen item has been purchased in good faith ie. the purchaser was not aware of such then he/she is the rightful owner. As also mentioned Rolex do not have the right to play Judge Judy

Not sure who is playing Judge Judy here; be it armchair judge or armchair lawyer, this is a highly dubious legal opinion.

The rightful owner is the rightful owner in all jurisdictions. The concept that one person loses claim to their rightfully owned property because someone subsequent didn't know it was rightfully owned is pure hogwash in all jurisdictions. That's just not how it works.

[Tools]

Get yourself a lawyer to put together a Demand Letter to Rolex that demonstrates you hold the documents of proof.

Include a Hold Harmless agreement for the other guy that you only want your watch back and will not make other claims against him.

[RJRJRJ]

Having the proof of purchase and a police report doesn't necessarily mean you still own it. Maybe you lost it in a poker game and got mad and filed a stolen report.

I would contact the police where you filed the report and see if they can do an investigation to try and get to the bottom of it.

[Calatrava r]

Originally Posted by Andad

No blame will be laid on an ‘interim owner’ if they bought it in good faith but they have no ownership.

Rolex will hand this watch to the authorities and it will be returned to the owner.

The ‘interim owner‘ can then use their own process to recover funds paid if they can.

You can not legally own stolen property.

The legal owner owes no compensation for the recovery of their stolen goods.

If they have been paid out via insurance they can negotiate with the insurance company.

And the bad news is the insurance company probably will not insure stolen property as an exclusion once its known its stolen. The innocent purchaser for value is really the loser unless they can recover from their seller. This is why it is important to only deal with sellers of used watches who refund all money paid in this situation whenever it becomes known. Its a good idea to service a used watch sooner rather than later, where its due, to find out stuff like this before the seller might go out of business.

[roora85]

how do you even know that the rolex that was stolen was in rolex service departments hands?

Do they let you know? or is there somewhere you can trace serial numbers?

[Etschell]

Originally Posted by rolex818

Back in law school we studied the bona fide purchaser doctrine in property class. In a nutshell, it protects somebody who purchased an item ignorant of another's claim to the same property.

Scholars/philosophers may disagree as to whom the law should protect in that instance. But in the eyes of the law a bona fide purchaser, if truly ignorant of another's claim to title, shouldn't be penalized because they did nothing wrong.

Recourse is legal action, and your lawyer will explain what specifically needs to be done under the laws of your jurisdiction. But then you have to consider how much s/he will charge (contingency typically 30-40%/hourly/flat fee) and whether it's "worth it."

Also keep in mind that over 90% of disputes settle. Meaning, you likely won't get the watch back unless the "second party" gets some sort of compensation. Of course, that assumes the second party will fight it.

Good luck

too bad rolex law is if you send us a watch that was stolen, even if you had no clue, we take it and you are screwed. oh and we don't make stolen watch serial numbers public information to protect our enthusiasts out there.

[214270Explorer]

Jeebus. I hope this mess gets resolved easily.

[RoscoPico]

man what a mess. i would really want to communicate the current "owner" (not trying to be funny here) to see where he bought it.
i would expect Rolex to be accommodating as well.

[Zedrider]

I’m sure that in the UK naively purchasing a stolen item in good faith is no excuse and the buyer will forfeit the stolen property.
It makes most genuine buyers think twice before they part with their cash.

[Stan Cooper]

Originally Posted by RoscoPico

man what a mess. i would really want to communicate the current "owner" (not trying to be funny here) to see where he bought it.
i would expect Rolex to be accommodating as well.

This. if the current "owner" has an invoice, bill of sale, or receipt from the entity that sold it to him, the identity of that entity might lead to whomever stole it.

[goodolejr]

Originally Posted by RJRJRJ

Having the proof of purchase and a police report doesn't necessarily mean you still own it. Maybe you lost it in a poker game and got mad and filed a stolen report.

I would contact the police where you filed the report and see if they can do an investigation to try and get to the bottom of it.

This is an interesting wrinkle I was thinking about as well.

[drblowfin]

Originally Posted by CalSRQ1

If current owner purchased it innocently - sorry that’s false. Criminal offense requires intent.

Actually no intent is needed to be proven. Handling stolen goods is an offence itself. Theft Act 1968. You are welcome!


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[Burlington]

Hopefully we will get more than one post from the OP

Does a police report actually prove anything here ?

[drblowfin]

Originally Posted by Zedrider

I’m sure that in the UK naively purchasing a stolen item in good faith is no excuse and the buyer will forfeit the stolen property.
It makes most genuine buyers think twice before they part with their cash.

100% correct. You would be obliged to return to owner and get recourse from the seller.

This is precisely the reason why most people have genuine reason to be cautious when buying a watch with no documents from random sellers.

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[EndlessEight]

All this talk about the secondary buyer having legal rights to ownership is mind boggling.

[Calatrava r]

Originally Posted by drblowfin

Actually no intent is needed to be proven. Handling stolen goods is an offence itself. Theft Act 1968. You are welcome!


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The legislation that deals with this offence is the Theft Act 1968. Section 1(1) of the Theft Act 1968 states that: 'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it. '

LPG1.1.04 Crime Theft Act 1968 - Met Policewww.met.police.uk › lpg1_1_04_theftact1968_snPDF

Receiving stolen goods absolutely requires intent in any jurisdiction.

[fixinbones]

Originally Posted by RoscoPico

man what a mess. i would really want to communicate the current "owner" (not trying to be funny here) to see where he bought it.
i would expect Rolex to be accommodating as well.

Yeah, I’d like to know if the current owner has a sales receipt from a reputable store? If they can prove they bought it unknowingly then shouldn’t the last seller have some responsibility in selling a stolen piece?
When I sold my bluesy to a reputable pawn store a few years ago he said he was required to submit the serial number to the police and of course had all my identification in case it turned up stolen. If it the current owner purchased it legitimately there should be some sort of paper trail.

[Seddyspaghetti]

This thread is quite interesting but i call fake news until OP responds or provides more details at least.

[Aterth]

I did not know Rolex could help with stolen watch.

[alwaysontime0]

Dang that’s tough, hope it gets back to the original seller but also hoping no one else got ripped off along the way.. best of luck!


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[kizerman]

In the US, not only does the second owner not have any rights to the watch, they are also guilty of being in possession of stolen property.

[GMT Aviator]

If the watch is indeed reported as stolen with collaborating police report, then Rolex will have to hand it to the police and the matter is dealt with from there.
This is normal procedure. Rolex will not ask you to come to an agreement with the other party. That’s just an insane proposition and illegal. If someone at RSC has suggested this then they have made a mistake. Rolex are not kingmakers in these cases.
I have experience of this first hand with RSC.