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If You Buy A Rolex That Was Stolen (But You Didn't Know), Do You Have Legal Ownership Of It?

Interesting case from New York County Civil Court (a kind of small claims court). I don't have access to the court filings (none of them were e-filed), just a short summary from the New York Law Journal (pay wall).

But based on that short article, this appears to be what happened: dealer/jeweler Choraria sells Rolex watches. In 2007, the subject watch was stolen from him. At some point between 2007 and 2017, another dealer/jeweler, Jeffrey Bouvier, bought the watch (from somebody). I assume Bouvier didn't know the watch had been stolen, and we have no idea how many times it passed hands before it was eventually sold to Bouvier. Thus, Bouvier would be a "good faith" purchaser.

It turns out the watch was damaged. So, Bouvier innocently enough sends the watch off to Rolex to be repaired. Rolex runs a search of the watch's serial number and learns it had been reported stolen back in 2007.

Choraria says the watch belongs to him because it had been stolen. Bouvier argues no, the watch belongs to him, he bought it fair and square. Rolex doesn't know what to do, so it brings an interpleader action in court to say here is the situation, we don't know who the watch should belong to, so you, judge, decide.

The judge declared that Choraria was the rightful owner of the watch because Bouvier could not lawfully acquire title/ownership of a stolen watch. The guy who originally stole the watch could never pass legal title to anyone else.

Rolex apparently has to bring these kinds of actions every now and then. Here is a decision from a 2009 case.

So, Choraria gets his watch back, 10 years later, and after paying a lawyer, but Bouvier is out the money he paid for the watch and the watch. Only the watch thief comes out a winner in this situation.

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