Douglas M. Liebman Estate Jeweler

Review: Gave three Chinese Jadeite carvings to [redacted] on consignment, these items were listed at a certain price and as they were sold no information besides price was given and the prices sold for were not what I believed was to be my net proceed on our agreement. [redacted] later said that the price put down in agreement was only for "insurance purpose." The most valuable carved bracelet with 14Kt gold was set at $1000 and I was also trying to sell these objects on my website at the same time, he was aware of that when I signed and agreement that in fact did not permit me to do so, although verbally he understood I would be trying to sell the items myself. The items belonged to an elderly friend who had given me her estate belongings to sell for her to pay medical and personal needs for her, she is 94 yrs old. So I expected to receive the amounts listed on his memo for consignment. I subsequently found a very good buyer in China for the carvings and I could not find out what was sold specifically when [redacted] said the things I now had sold for a price equal to what the memo listed them at were just sold by him for what turned out to be less than the written price on the memos. This inability to find out what he still was in possesion of is supported by emails attached herein. I then was finally told that the most valuable carving had been sold to a wholesaler, not a retail customer as I assumed he would try to find for each sale. He sold the $1000 listed bracelet for $400 (I eventually learned) to this wholesale company in Denver for 40% of it's market value, a price I had a buyer at, and I was previously not even a dealer of Jadeite carvings. But via my website I found a buyer in China who would have paid the price listed on the [redacted] memo. At the same time, I had offered to help Mr. [redacted] sell rocks bought at an estate sale, and he held payment for one jadeite carving saying I had refused to return his rocks and there was no record of him asking, but then I did return all his rocks.Desired Settlement: Payment of $1350 more dollars for the difference in value agreed on and what was paid. I suffered some customer damage due to his poor service and value received from his selling of the Jadeite carvings. As a broker he sold all the items below what he agreed to in his memo. and made it difficult to find out what was sold when I had a good buyer willing to pay much more.

Business

Response:

Below is a brief summary of the transaction that transpired between [redacted] of Colorado Gems and Douglas M. Liebman, Inc.On May 23, 2012, Mr. [redacted] left 3 jade items on consignment for us to sell (see attached signed Consignment Agreement.) There were 2 hinged jadeite bangle bracelets and a carved dome loose gemstone. When he was in our offices he represented that the items belonged to an elderly woman in Hawaii that he was trying to help; the values on the Consignment Agreement were for insurance purposes, not selling values. Mr. [redacted] asked Mr. [redacted] to sell at the best price possible, to “get as much as you can.” Mr. [redacted] had specific authority to sell the items and does regularly sell to reputable dealers knowledgeable of the values of such items. (See an example of current jade items Mr. [redacted] has for sale on the attached picture.)On July 16 & 18, 2012, we sold 2 of the items – a bracelet and the dome. Mr. [redacted] cashed the check, #[redacted], for $650.00; that check had an attached stub that broke down the payment as:$400.00 14y jadeite bangle; $250.00 carved dome. (See attached check which cleared our bank on August 28, 2012.)On December 18, 2012, we sold the last item, another hinged bangle bracelet. Note that hinged jadeite bangles are broken solid jade bangles that they salvage by adding 14y hinges to create a hinged bangle bracelet. We issued check #[redacted] to Colorado Gem on January 10, 2013. That check was mailed to Mr. [redacted] but has never been cashed.On January 2, 2013, Mr. [redacted] requested the carved dome piece back from us and was advised that he had been paid for that item back in August of 2013; this began the emails back and forth concerning the payment for various items. Upon request, Mr. [redacted] was provided an additional, separate accounting from the check stub attached to his original check. In an email from Mr. [redacted] on February 9, 2013, he states that he requested the jadeite bangle back from us 10 days previous, which would be approximately January 30 or 31, 2012. That item had been sold on December 18, 2012 and the check issued on January 10, 2013. That email also started the conflict concerning minerals that Mr. [redacted] has given to Mr. [redacted] to sell on his behalf at about the same time the jade items were consigned (May 23, 2012.) In the late summer/fall of 2012 Mr. [redacted] asked his office manager, [redacted], to call Mr. [redacted] and ask that unsold minerals be returned. Ms. [redacted] spoke to Mr. [redacted], who described at length why he could not currently return them, due to the [redacted] requiring him to clear his yard of his mineral collection immediately. A second call to Mr. [redacted] by Ms. [redacted] resulted in the same explanation of the situation concerning Mr. Liebman’s minerals. Ms. [redacted] recollection of the conversations was that Mr. [redacted] monopolized the conversations with complaints about the [redacted] and was not listening when the requests were made, because of his pre-occupation with his perceived persecution by the [redacted] (see attached [redacted].) In his February 13, 2013, email to Mr. [redacted] and Ms. [redacted], Mr. [redacted]’s tone changed and stated that “the Revdex.com will hear about this.” Mr. [redacted] also stated he had sold some of the copper specimens and was going to give Mr. [redacted] $30; Mr. [redacted] has neither provided an accounting or paid for any items sold. Mr. [redacted] responded in a civil manner to Mr. [redacted] (see attached email.) At that time Mr. [redacted] instructed Ms. [redacted] to direct all further communication with Mr. [redacted] to his attention. On February 18, 2013, Ms. [redacted] attempted to set up a meeting for Mr. [redacted] to bring the minerals to the office and pick up the previously issued check for the final item sold in December that we were holding pending the return of our specimen collection (see copy of email attached.) On February 19, 2013, Mr. [redacted] replied via email (attached) that he would refuse to accept the $250 payment for the final item sold. Mr. [redacted] did not keep that appointment.The final correspondence with Mr. [redacted] was on March 13, 2013, when he requested a copy of the Consignment Agreement (he calls it a memo); that was provided to him at that time. He subsequently had the minerals delivered to Mr. [redacted] office when Mr. [redacted] was not in, and Mr. [redacted] mailed his final check to him.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. In business, if you give someone a receipt for their property with a dollar amount, unless otherwise written, it indicates what amount that person should receive in lieu of the item. I had a very hard time finding out which pieces were sold and when, I just received two checks and there was no accompanying letter explaining which of the three was sold. I was paid $250 for the dome and I should have been paid $1000 each for the other two. The other issue of the collection of junk rock he asked me to sell for him is seperate, but the idea that he asked me to return them earlier than I did is false. There is no written record of this in any of the emails, and Mr. [redacted] admits in his own email that he is not diligent in replying to emails. He is using Ms. [redacted] to obfuscate and move resposibility for communications that would have made all things clearer, ie, which items had been sold and when, and that he wanted his collection of rocks back. The idea that I was going through an issue with the [redacted] and couldn't move his rocks back is actually ironic, because the city was objecting to my storage of rocks, and his rocks were just in my way. There was no written request, and no specific request from Mr. [redacted] at any time to return the rocks, which I would have been glad to do. I sold one native copper specimen for $30 at a rock show in Mesa, nothing more, and he had all his rocks returned after he withheld a "final" payment to me for the last jade item on memo to him. There was no agreement that I broke, and no legal reason for him to withhold payment for something seperate from me selling his rock collection for him as a favor. I have made this complaint in hopes the Revdex.com will keep on record a complaint about my problems being paid for what he led me to believe I would paid, and the unfair and without merit withholding of someone's due proceeds, the lady I am selling the estate for. Mr. [redacted] needs to realize that if a person trusts him to sell something, and he gives them a memo with prices on it, that they shall receive those exact prices if the item is not returned.I feel that as an estate broker, he should make clear to the public in all transactions what will be expected, and his communication should not be such that he later blames miscommunications on his inability to properly reply to emails, phone calls and any other matters between his customers. To blame an employee and say that verbally the customer was relayed with his wishes by an employee is irresposible, and at no time did Mr. [redacted] ask me personally to bring his rocks back. His memory of what happened is not correct, and I never said that I had sold several native coppers. I did go to the trouble to photograph them and put them for sale on my website, but none sold. I was never thanked for trying. Regards,[redacted]

Business

Response:

Second response regarding Colorado Gem and [redacted]:Mr. [redacted] cashed our check for the third disputed item, which was marked as “For Full and Final Settlement”, noting Under Protest. A copy of that cashed check #[redacted] is attached for reference. We will respond specifically to each of the items mentioned by Mr. [redacted].1) "In business, if you give someone a receipt for their property with a dollar amount, unless otherwise written it indicates what amount that person should receive in lieu of the item.”As we stated in our original response, the values listed on our Consignment Agreement (a copy of which was included in our original response and is included here for reference) were for insurance purposes only; that Consignment Agreement was clearly labeled FOR OFFER ONLY. An insurance value to protect the client is stated on the Consignment Agreement; that is not the amount the customer is guaranteed to get. Mr. [redacted] was made aware of that when he delivered the goods to our office. As stated in our original response, he instructed Mr. [redacted] to “get as much as you can” as he was trying to help a client.2) "I had a very hard time finding out which pieces were sold and when, I just received two checks and there was no accompanying letter explaining which of the three was sold. I was paid $250 for the dome and I should have been paid $1000 each forthe other two.”I have attached a scan of the copy made of check [redacted] on 1/10/2013, for $250.00; the check stub on that check clearly states ‘Consignment pmt 9440-02; 14y jadeite.’ The bottom 1/3rd of that page is the stub we retain and attach to our records to show payment. That page includes a scan of our portion of the first check issued, #[redacted], 8/24/2012, for $650.00, which clearly indicates payment of $400.00 for 14ky jadeite bangle and $250.00 for carved dome. This is identical to the check stub that was attached to his check.The second check #[redacted] for $250.00 was issued to Mr. [redacted] for the entire proceeds from the sale of the second 14ky jadeite bangle. Mr. [redacted] sent 100% of the proceeds from that sale as a goodwill gesture. (As stated in paragraph 1, Mr. [redacted] hascashed that check.)The check stub that accompanies each check is identical to the stub we retain, so Mr. [redacted] clearly did receive the information and did cash the check accepting $400 for the first bangle sold. In his emails he states that $400 was the amount on the Memo, prior to requesting a copy of the Consignment Agreement on March 13, 2013 (which he calls a Memo). Subsequent to receiving that copy, he now claims $1,000 for each of the bracelets. (See attached [redacted] 2_20_13 Response2, page 2, From: [redacted], To: [redacted], Sent: Tuesday, February 19, 2013 11:08 AM.)3) “The other issue of the collection of junk rock…. He is using Ms. [redacted] to obfuscate and move responsibility for communications that would have made all things clearer……”Both the original response and this response have been drafted by Ms. [redacted], CPA, Office Manager for Douglas M. Liebman, Inc.) and the information given regarding her conversations with Mr. [redacted] are a true and correct statement of her recollections. Mr. [redacted] specifically asked Ms. [redacted] to call Mr. [redacted], not email him. She was acting as his agent when she made the verbal request to return the minerals. Mr. [redacted] referred to those calls in his response to Mr. [redacted] (see attached [redacted] 2_13_13 Response 3) on Monday, February 11, 2013 6:04 PM.4) “The idea that I was going through an issue with the [redacted] and couldn’t move his rocks back is actually ironic, because the city was objecting to my storage of rocks, and his rocks were just in my way.”Mr. [redacted]’s ‘issue’ with the [redacted], by his own statement (see [redacted]s attached), was at least 2 years old. As you can see by the picture attached (see [redacted] Residence picture) his back yard is full. Our 4 boxes measure a total of 18” x 18” x 14” –a minimal amount of cubic feet compared to the amount he has stored.5) “I sold one native copper specimen for $30 at a rock show in Mesa, nothing more, and he had all his rocks returned after he withheld a “final” payment to me for the last jade item on memo to him.”As Mr. [redacted] stated in his email of Monday 2/11/13 at 9:58 AM (See [redacted] from [redacted] 2_11_13 Response4), we expected Mr. [redacted] to come by the office in early January to complete the transaction and had his check ready at that time.6) “His memory of what happened is not correct, and I never said that I had sold several native coppers.”Mr. [redacted] stated he had sold native copper and owed us $40 for it (see [redacted] return of minerals), which he changed to $30 owed in this complaint (see quote above); we have never been paid for that sale.Douglas M. Liebman, Inc. has fulfilled its fiduciary responsibility as stated in the Consignment Agreement signed by Mr. [redacted], which states that "Broker hereby promises and agrees to use its best efforts in attempting to sell the property in accordance with terms and conditions of this agreement. In pursuit of such efforts, Broker is hereby authorized to use any and all methods Broker deems appropriate to facilitate such sale."