descartes1
2787
Nico- Sorry to hear this sad story.
Dec 26, 2015,14:46 PM
You are such a gentleman that it pains me that you had your watches stolen, and now this.
If I may add some perspective from U.S. law, I am sorry to say that there are scenarios under which the "consignor" could have good title to the watch, even though it was stolen. The statute that applies is section 2-403 of the Uniform Commercial Code. https://www.law.cornell.edu/ucc/2/2-403
The scenario would be one where the consignor is not the the thief, but rather a third party who purchased the watch from a merchant who deals in such goods (such as a watch dealer). Such an individual could be deemed a "bona fide purchaser" and have good title to the watch IF they paid value, were without notice that it was stolen and bought from a merchant who deals in such goods-- that is, from a dealer from whom one could rely, and have a reasonable expectations that the dealer was selling goods with clear title.
Under 2-403, in such scenario, the buyer would be deemed to have good title to the item, even if it had previously been stolen.
It is possible that this "consignor" in this case it not the their, but rather he could be a third-party who fulfills these legal elements which may provide some explanation regarding Antiquorum's actions. Still, Antiquorum seems to have acted hastily because the details and back-story are critical to determine whether the consignor had proper status as a bona fide purchaser under 2-403. For example, if the person is a watch collector, did he have "actual knowledge" of your stolen watches based on having read the forums. If so, his status under 2-403 could be undermined. Further, did he buy from a dealer, or from some other person (such as he thief himself). This is a critical factor since one is entitled to rely on the merchantability of goods bought from a dealer, but the burden shifts (and acquiring good title is not assured) when buying goods from a non-dealer (ordinary person). Beyond all this, there are also complex questions of choice of law which could affect the outcome. I don't know if Antiquorum carefully reviewed these issues or just took the easy way.
I doubt any of this provides much comfort, but I wanted to share this information on the legal side. I am always happy to discuss through PM or other means.