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Problems & Disputes

Watch Lost During Appraisal — Seller Rights and Dealer Liability

If a watch disappears during dealer inspection: (1) file a police report immediately (2) AMLO-compliant dealers must carry insurance (3) sue for specific performance under Civil Code Section 213 (4) prevent: inspect only at seller's home, watch the dealer continuously, request insurance certificate before any handover.

5 min read(995 words)
Tanapon Suksombat (Khun Ton)Reviewed by Tanapon Suksombat (Khun Ton) · Contributing Editor
· Last Updated
Watch Lost During Appraisal — Seller Rights and Dealer Liability

The Unexpected Case — Dealers Often Deny Liability

I see this an average of 8 times per year in Thai Watch Market's case log — seller brings a watch to "have it inspected for valuation," dealer takes the watch, asks for 2–4 hours to "inspect in the back office," and the watch "disappears" with the dealer claiming theft.

Average seller loss: ฿650,000 Recovery rate: 18% via dealer insurance, 8% via litigation, 74% total loss

High-Risk Situations

1. Dealer takes the watch to "inspect at workshop"

  • Seller comes to mall dealer; dealer takes piece to workshop "to inspect movement"
  • Seller waits in mall — doesn't see inspection
  • Dealer returns claiming "fake" or "lost"

2. Seller mails the watch for inspection

  • Dealer suggests "send via Kerry/EMS — I'll inspect then wire payment"
  • Watch "doesn't arrive" or "lost in transit"

3. Dealer evaluates at seller's home but steps away

  • Dealer enters home — asks to take watch to bathroom for "better lighting"
  • Returns claiming "watch lost" or "found a defect lowering price"

4. Out-of-sight appraisal at dealer's shop

  • Seller gives watch to staff; staff takes to "expert for inspection"
  • Hours later, staff returns saying "expert took the watch and is unreachable"

What to Do Immediately

Within 1 hour:

  • Don't leave the location — force the dealer to call police jointly
  • Take photos and video of the location, especially the claimed "storage area"
  • Get full names, ID numbers of all staff who accessed the watch

Within 24 hours:

  • File police report at nearest station — log serial, reference, value, time and place of loss
  • Demand CCTV from the location and surrounding area — secure from mall/building security within 7 days (recordings often overwrite in 7–30 days)
  • Save all LINE/SMS exchanges with the dealer

Within 7 days:

  • Send demand letter via lawyer — specify value and payment deadline
  • Report to AMLO if dealer kept KYC records of the lost piece
  • Report to Rolex/Patek/AP via serial number to Stolen Watch Database (Watch Register, Chronotrace) to flag in market

Within 30 days:

  • File civil suit for specific performance or damages — under Civil Code Section 213 (specific performance) or Section 420 (tort)
  • If dealer has pattern of similar cases → consolidate with other victims as class action

Civil and Commercial Code Section 213:

"When the obligation is to deliver property... if the debtor fails to deliver, the creditor has the right to demand delivery."

Even if dealer claims "watch lost," if dealer was in possession at loss = liability as bailee.

Civil and Commercial Code Section 420 (Tort):

"Whoever willfully or negligently causes harm... must pay damages."

Dealer's negligence in safeguarding property in possession = tort.

Criminal Code Section 352 (Misappropriation):

"Whoever holds property of another... then converts it as their own, punishable with imprisonment up to 3 years."

If dealer's intent not to return the watch can be proven (not "actually lost") = misappropriation.

How Serious Dealers Carry Insurance

1. Shop insurance

  • Covers theft of customer assets in shop
  • Per-piece ceiling typically ฿500k–฿2M

2. Transit insurance

  • For watches in transit between seller's location and shop
  • Per-piece ceiling ฿1M+ depending on premium

3. Professional indemnity

  • Covers events caused by dealer negligence
  • Seller claims through dealer's insurer

Dealers without all 3 insurance types = seller bears the risk.

Prevention — Before It Happens

Iron Rule 1: Inspect only at seller's location

  • Serious dealers come to the seller's home or condo — don't ask to ship to another location
  • Seller has CCTV, has household member as witness

Iron Rule 2: Watch continuously

  • Don't let the dealer take the watch out of sight — not even to bathroom
  • Demand inspection within visible range

Iron Rule 3: Use tools jointly

  • Ask dealer to use 60× microscope or timegrapher where you can see
  • Refuse "inspection at workshop"

Iron Rule 4: Demand insurance certificate beforehand

  • Before handing the watch to the dealer for any inspection — even brief — demand certificate of insurance covering value
  • Save screenshot of insurance policy + certificate number

Iron Rule 5: Document handover

  • Photograph handover (watch in seller's hand → watch in dealer's hand)
  • Written record: reference, code, serial, condition, handover time
  • Both parties sign

Specific Cases

"I'll mail to a dealer outside Bangkok — safe?" No — highest risk category. Thai postal services don't cover luxury watch specific-item value. Use a Bangkok dealer who travels to your location, or travel yourself.

"Dealer asks to keep the watch overnight for thorough inspection — accept?" No. "Deep inspection" needing more than 60 minutes signals the dealer is using the time to find lowball reasons or swap.

"Dealer claimed 'fake', I asked for the watch back — different watch returned" Swap scam. Sellers must have photo with serial and unique markings before handover. If serial doesn't match = civil + criminal lawsuit.

How Thai Watch Market Operates

  1. At your location only — we don't take watches to our shop
  2. Portable tools — 60× microscope, timegrapher, calipers in work bag — inspect where you can see
  3. Time ≤ 60 minutes — serious inspection takes 30–45 minutes. Over 60 minutes, raise the question
  4. Written receipts — issued before watch transfers
  5. Insurance — we carry shop + transit + professional indemnity covering watches in our possession; certificate sent to customer before beginning

Send Photos Before Deciding

Send watch photos to LINE @thaiwatchmarket. Response within 10 minutes with quote and home appraisal scheduling — we don't ask you to ship the watch elsewhere.

Sources:

  • Thai Watch Market database — 24 logged "lost during inspection" cases (2022–2026)
  • Civil and Commercial Code Sections 213, 420
  • Criminal Code Section 352
  • Anti-Money Laundering Act B.E. 2542
  • Insurance regulations under OIC (oic.or.th)

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