Carpet fraud

Posted by Nutmeg (129 days ago)

I've been buying carpets from the same carpet guy for more than 7 years here in HK. I love carpets and have bought more than 15 from him, gradually trading up for more expensive ones over the years. I've been really happy with them and his prices seemed to align with others around. Recently, he brought me a "one-of-a-kind" carpet that he claimed is the nicest he has ever seen. It is beautiful and I bought it, paying nearly HKD$200,000, relying on his good opinion and our long relationship.

I ended up having a guest over who also sells carpets, and he says I paid at least 10 times too much for it. It isn't one of a kind at all and in fact is quite a common design. One expects to pay a reasonable markup, but this would seem to rise to the level of fraud. I have thought of getting appraisals from other carpet experts, then confronting my carpet guy, insisting that he return my money and take the carpet back given that it was so overpriced.

Does anyone know where I can get reliable carpet appraisals or have other suggestions as to how to approach this?

(I am based in Hong Kong)

Posted by flashback (121 days ago)

You may have a case for misrepresentation. The question of the price of the carpet, may be immaterial, but the fact that he told you it was one of a kind probably is material. So, you would probably need to verify that it was in fact a common design because as a plaintiff, the onus is on you to prove the claim of misrepresentation. As he is in the position of expert, and you have the lesser knowledge, then you could claim that those statements were not 'mere puff', but were to be terms of the contract . However, you would need to act promptly. Firms like Christie's etc. do appraisals. There are also numerous books on carpet designs that you could check for yourself.

(I am based in Hong Kong)

Posted by ppatio (121 days ago)

misrepresentation ? in Hong Kong ? I don't think that will fly. caveat emptor, me thinks. you have been 'had'.

(I am based in Hong Kong)

Posted by flashback (116 days ago)

Misrepresentation is a valid cause of action in Hong Kong in both contract and tort (under the category of misstatements). If this happened to me, and if the facts as given are true regarding the statement of it being "a one of a kind", then I would go to see someone about it, as it appears to be a clear cut case of misrepresentation. You can look up the Misrepresentation Ordinance (Cap.284) Section 3 (available on-line). Relevant common law is available as well for this situation.
http://www.legislation.gov.hk/eng/home.htm

(I am based in Hong Kong)