I recently purchased a diamond ring in TX for ~$9,500(engagement ring ad 2 bands for a stack). The jeweler did not provided an IGI certificate at the time of sale and kept delaying it saying they were waiting for it to come in. After further demands they produced me a certificate number to hold me off while I wait. However, after taking the ring for an independent appraisal, they could not locate an inscription on the diamond and the measurements were not the same as the ones on the certificate they found that matched the ID number the jeweler provided me. I then went back to the jeweler and had them verify on the spot where they discovered that the diamond is actually a lower carat weight than what was sold to me, and there is in fact no IGI number on my diamond.
I have a voice recording (Texas is a one-party consent state) where the jeweler admits:
-The diamond is not the one we purchased and is a smaller weight.
-They do not know where the original IGI number they gave us came from.
-They admitted they never checked or verified the stone’s specs before selling it to us.
Despite these admissions, the jeweler is refusing a refund, claiming it is "not their fault" because they didn't manufacture the stone and just sold what they received from their supplier.
I told them they need to issue a refund they said they were going to contact the stone manufacturer to straighten it out and call me back by the end of day. The rest of the process for designing this ring has been awful if I didn’t pay up front I would’ve switched jewelers after the first rendering but had already paid and they refused to refund me then. I am trying to be proactive in planning for next steps
My questions:
Since I am in Texas, does this fall under the Deceptive Trade Practices Act (DTPA)?
Does their admission of "not checking" the stone constitute gross negligence or intentional misrepresentation?
Since the amount is ~$9,500, should I pursue this in Court (Small Claims), or is it worth hiring an attorney to seek damages under DTPA?
What should my next formal step be given they have already verbally refused a refund?
Thank you in advance!