Online Now 1491

BOL Round Table

The No. 1 'Bama fan community on the Internet

On this Board 1112
Record: 6133 (1/15/2013)

Online now 1427
Record: 9097 (3/2/2012)

Boards ▾

BOL Round Table

The No. 1 'Bama fan community on the Internet

The Water Cooler

BOL message board for off-topic posts

Ticket Exchange

Buy, sell or swap tickets

Reply

DELETE por favor

  • This post has been edited 3 times, most recently by twelch3 on 12/19/2011 at 6:27 PM

    twelch3

  • If your post is true, then that's messed up. If he told you they were yours then that's how it should be, simple as that. He should've pulled them off ebay after he sold them to you, or at least said "Yeah, I will sell them to you if they don't sell tonight on ebay for higher.."

    This post was edited by meslava on 12/16/2011 at 5:45 PM

    signature image signature image signature image

    meslava

  • If you can prove that a contract existed either verbal or through your email, then you should be able to seek damages from the seller.

    signature image

    Roll Tide!

    TideIn2004

  • I've got the email chain...the lawyer included in the letter to the would be seller. He said its actually a pretty open and shut case, most people just wouldnt want to pay the attorney fees (obviously not applicable here). Don't want to stoop to this guys level and give his email address out, but if bamajames wants to join in on this thread, I'd be happy to post the emails

    twelch3

  • TideIn2004 said...

    If you can prove that a contract existed either verbal or through your email, then you should be able to seek damages from the seller.

    ^this!

    zgrizz4life

  • You definitely have the right to be upset. Good luck.

    signature image
    signature image signature image

    SBrantley

  • That was a dick move on his part for sure... but going to court over something like that is pretty silly, IMO.

    Bleedscrimson

  • You can't seek damages. (Would be nearly impossible to prove.) You can, however, seek (a) an injunction against him selling to the other party and/or (b) specific performance requiring him to sell them to you for the agreed-upon price.

    elder008

  • I'm no lawyer, but as a person with common sense...that's messed up. Bamajames10 get in ITT and defend yourself or face up!

    Cokillion

  • Bleedscrimson said...

    That was a dick move on his part for sure... but going to court over something like that is pretty silly, IMO.

    Couldn't agree more...literally all I want is for him to return my phone call (hell even email). But if he won't and my buddy wants to give some students some, I'll go along with it. And Elder honest question, how is hard to prove? I have everything saved in email and I saved his orginal post stating his intent to sell

    twelch3

  • This post is for members of BamaOnLine or All Access VIP members only. Start Free Trial
    signature image

    rollntider

  • The problem is you would have to prove you suffered financial damages in the court of law. Just breaching a contract isn't enough for judgement. You have to prove you suffered monetary damages in which you could not reasonably overcome. Unless your leaving something out I don't see a case I would take to court.

    Twitter - Mike4172

    Mike4172

  • elder008 said...

    You can't seek damages. (Would be nearly impossible to prove.) You can, however, seek (a) an injunction against him selling to the other party and/or (b) specific performance requiring him to sell them to you for the agreed-upon price.

    If he could show due diligence in trying to find other tix at the same or lower price, wasn't able to, then got some at a higher price, could he not show damages as being the difference between the $3500 and the higher price he paid?

    signature image signature image signature image

    chlospop

  • You are required to mitigate your damages by acquiring or attempting to acquire replacement tickets--if you paid more or could not obtain such tickets, then you would have suffered damage.

    Agree that the guy should be shot.

    mitzi1

  • mitzi1 said...

    You are required to mitigate your damages by acquiring or attempting to acquire replacement tickets--if you paid more or could not obtain such tickets, then you would have suffered damage.

    Agree that the guy should be shot.

    Thats what the attorney said, think its called an efficient breach where if we bought more tickets at market (stubhub) he would have to pay us the difference. He also brought up promissory estoppel (sp?) since we bought hotel rooms and flights after we agreed to purchase tickets and before he canceled. Again, I could care less about actually pursuing him legally, but if others want to on my behalf thats fine too. Best case scenario for me, he sees this thread and mans up and calls me

    twelch3

  • If you can prove the agreements are legit I think you have a case. You will have to prove financial damage. That will equal what you pay for tickets minus the price of these. Might be a $1000 or so.

    bamamba1989

  • dude, NEVER EVER pay for something without having it in hand first, ESPECIALLY tickets...c'mon...you gotta be smart.

    This post was edited by crimsonbleeder on 12/16/2011 at 7:14 PM

    signature image

    '62 Jazzmaster

    crimsonbleeder

  • Come on man don't quote the original poster, u have to be smarter than that.

    AU fans are a lot like slinkies, not really good for anything but, they do bring a smile to your face when you push them down stairs.

    Tidetime30

  • I'd be doing the same thing of I were in your position.

    signature image

    Walsh Mathers

  • twelch3 said...

    Thats what the attorney said, think its called an efficient breach where if we bought more tickets at market (stubhub) he would have to pay us the difference. He also brought up promissory estoppel (sp?) since we bought hotel rooms and flights after we agreed to purchase tickets and before he canceled. Again, I could care less about actually pursuing him legally, but if others want to on my behalf thats fine too. Best case scenario for me, he sees this thread and mans up and calls me

    As others have said, you're barking up a tree that won't really end in a satisfactory manner for anyone, but if you really don't want to look for tickets elsewhere this is absolutely correct. As long as you can prove that you relied upon your agreement in purchasing hotels / flights / any other financial considerations (i.e. you set them up after your agreement was in place), you could definitely recoup those as well.

    Would be very difficult to get "damages" for the ticket prices though, since there is no perfect substitute for the tickets he had (e.g. you might find tickets on row 12 in section 501, where his were on row 8 in section 503...who's to say those tickets have the same value?). Best bet legally would be to seek specific performance, though if not you could definitely get him to recoup your losses on the hotel and flight.

    As others have said though, not worth the legal fees and overall just a classless move on his part.

    elder008

  • This post has been edited 2 times, most recently by Cokillion on 12/16/2011 at 7:08 PM

    Cokillion

  • sounds like you have about 10K worth of emotional distress you may be owed...

    dr rad

  • Tidetime30 said...

    Come on man don't quote the original poster, u have to be smarter than that.

    you're right...done.

    signature image

    '62 Jazzmaster

    crimsonbleeder

  • I don't get people nowadays. I had 4 NC tickets last year and agreed to sell them to a guy right after the SEC Championship game. I had higher offers but I gave my word so I stuck with the guy even if I could have made more money off some Auburn fans. Anyway, this year he repaid the favor and hooked me up with 2 Iron Bowl tickets on the 50 at a great price. Karma is a bitch...so I say let James get what is coming to him.

    This post has been edited 2 times, most recently by dshelbyjr on 12/16/2011 at 7:35 PM

    dshelbyjr

  • twelch3 said...

    Thats what the attorney said, think its called an efficient breach where if we bought more tickets at market (stubhub) he would have to pay us the difference. He also brought up promissory estoppel (sp?) since we bought hotel rooms and flights after we agreed to purchase tickets and before he canceled. Again, I could care less about actually pursuing him legally, but if others want to on my behalf thats fine too. Best case scenario for me, he sees this thread and mans up and calls me

    If you want a case. I would delete these posts NOW. They show you don't care. And a judge would see that also.

    MillerTime