Woman sparks heated debate after she sells engagement ring online
Is it hers to sell?
A woman sparked huge debate online after trying to sell her unwanted engagement ring on Facebook.
For one reason or another, the Australian woman and her partner decided to call it quits, and now she's hoping for some financial compensation by re-selling her one-Carat Tiffany ring.
After she posted the add on Facebook page High End (an 'exclusive platform to buy and sell luxury pre-owned fashion for women', if you were wondering), the reaction was extremely divided - so much so that it made headline news Down Under:
Advert
When she posted the advert to the Facebook page, the seller explained that she was selling the engagement ring "for obvious reasons. I do now I don't."
Noting that, currently, a Tiffany 1.0 Carat ring would set you back $23,600 (£13,300), she said she'd be happy to let it go for $18,500 (£10,400).
The woman also pointed out that the ring's condition was "close to brand new - never worn much."
She added that Tiffany offers a lifetime guarantee on their jewellery, which offers the buyer complimentary care, repair, ring polishing, and resizing.
Though that might actually be a problem, since Tiffany's lifetime warranty only applies if you can provide the original copy of your Tiffany Diamond Certificate.
And since this seller doesn't have the receipt for the engagement since she 'didn't buy it', this could put a spanner in the works.
But that's not what people had a problem with when they saw this ad go up on Facebook.
Rather, people were convinced that the former bride-to-be shouldn't legally be allowed to sell the engagement ring, since it was her ex-partner who paid for it.
"Legally you can't sell this and have to give it back if you didn't proceed with the marriage", one person commented.
"If he paid for it, it's his and he should get all the $$$", another agreed.
But others took the seller's side on this one.
"Not true - it's considered a gift and it's hers", argued one Facebook user.
"If she was married it's legally hers", suggested a second.
And a third complained: "OMG why do [people] feel the need to comment on this? You don't know the circumstances. If you don't want to buy it, why bother adding your two cents?"
According to The Law Reform (Miscellaneous Provisions) Act 1970: "The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason."
But that only applies in the UK - things are a little more complicated in Oz.
Australian law firm Bateman Battersby explains on their website: "If a woman, who has received a ring in contemplation of marriage, refuses to fulfil the conditions of the gift, she must return the ring."
But, "if a man refuses to carry out his promise of marriage, without legal justification, he cannot demand the return of the ring."
It sounds like this one really depends on the finer details of the break-up, so we're really not sure whether or not she should take her advert down!
Ali Condon