What is the premium on diamonds

OLG Hamm: 100% surcharge on the purchase price for diamond earrings, not immoral

Plaintiff acquired two diamond earrings as a pair

In 2011, the plaintiff acquired two diamond earrings from the defendant jewelry store for a purchase price of 268,000 euros, which should also serve as an investment. The defendant sold the earrings as a pair with the delivery of two international reports. The pair characteristic describes a factor that increases value when the stones fit together well in the classification categories and in terms of appearance.

Contract contested due to allegedly missing couple characteristics according to § 123 BGB

After obtaining further expertise, the plaintiff claimed that the earrings he sold were not a value-adding pair. They are of poor quality and can usually be purchased for 130,000 to 160,000 euros. The plaintiff claimed to have been deceived by the defendant about the market and sales value of the jewelry. He therefore challenged the sales contract. He also saw it as immoral and therefore void due to a disproportion between the agreed purchase price and the value of the earrings. The LG Münster dismissed the action aimed at rescinding the purchase contract.

OLG Hamm: Missing pair property not proven

The appeal directed against it was unsuccessful. The OLG has confirmed the decision of the LG as a result. It could have remained open which information from the defendant caused the plaintiff to conclude the purchase contract. Because the plaintiff has already not been able to prove that the diamonds used in the earrings are not a pair. Rather, the judicial expert found that, according to the relevant expertise of international institutes, the stones were a pair because they fit together well in the classification categories and also optically. Finally, a private report submitted by the plaintiff is also based on the pair quality of the stones, even if it only considers a lower price premium to be justified.

100% surcharge on purchase price not immoral

According to the OLG, the purchase contract is not immoral either. There is no gross, particularly noticeable disproportion between the agreed purchase price and the value of the earrings. According to the result of the expert opinion, it could not be determined that the purchase price agreed by the parties was significantly higher than the prices that other dealers had asked for the same earrings in 2011. The expert estimated the production price at 102,000 euros, plus sales markups from the manufacturer and retailer. A dealer can also add a surcharge to the amount of the purchase price paid.

Editor beck-aktuell, C.H.BECK Verlag, February 17, 2017.