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Tickets advertised for sale on eBrandon

Tickets advertised for sale on eBrandon

Spartan5-4life
Joined: Feb 2015
Posts: 25

Spartan5-4life
Joined: Feb 2015
Posts: 25

Tickets advertised for sale on eBrandon
3/12/2016 at 7:54 PM

Last week I responded to an ad placed that was selling tickets. I had expressed my interest and now have to revoke on the sale because I couldn't get the evening off from my second job. I informed the individual selling the tickets that I can no longer attend. Basically, it falls into the "SH*T HAPPENS" category.

In response, this person informs (by texting) their friend is a lawyer and that my statement (also a text) for securing the tickets makes me 100% accountable for them, as it is a written agreement?!?!

I understand frustration, yet have no control over a work schedule. Is there really any truth to this from a legal stand point?

Cruel words and/or comments not required, just seeking opinions or higher knowledge.

Thanks in advance!
oatstout24
Joined: Jul 2013
Posts: 58

oatstout24
Joined: Jul 2013
Posts: 58

no worries...
3/12/2016 at 7:58 PM

I would not lose another second of your time worrying...
Spartan5-4life
Joined: Feb 2015
Posts: 25

Spartan5-4life
Joined: Feb 2015
Posts: 25

That's what I figured!
3/12/2016 at 8:02 PM

The tickets were reposted for sale yesterday prior to my informing person that I am unable to attend...lol
coffeefan
Joined: Nov 2010
Posts: 2101

coffeefan
Joined: Nov 2010
Posts: 2101

...
3/13/2016 at 8:42 AM

And this is why as a seller all items are for sale until - paid for or a non- refundable deposit is given.

I would be ticked if I was the seller as they likely could have found a buyer while holding them for you. But.....live and learn.
It_Needs_To_Be_Said
Joined: Jun 2014
Posts: 56

It_Needs_To_Be_Said
Joined: Jun 2014
Posts: 56

Cash In Hand
3/13/2016 at 9:12 AM

I believe you have no legal obligation but there is a thing called common decency. I have to wonder if the shoe was on the other foot and the seller sold to the first person to show up at the door cash in hand after agreeing to save the tickets because of your commitment. Would you then be on E-Brandon crapping on them for not keeping them for you? It all comes down to being able to trust a persons word, if you told them you wanted the tickets the decent thing would be to follow through with your end of the commitment. Your poor planning by not getting the time off should not become the sellers problem.
standard standard h8r
Joined: May 2013
Posts: 413

standard standard h8r
Joined: May 2013
Posts: 413

Another view
3/13/2016 at 9:48 AM

I have been on the other side of your situation, Spartan. On a Sunday I had a buyer agree to purchase tickets. She told me a great story about how they were for her son's 12th birthday and what a huge fan he was. She said that she would absolutely take the tickets, but could not pay for them until payday on Friday.

I fell for it. I turned down a half dozen other buyers during the week while holding the tickets. We agreed that she would pick them up on Saturday morning. She did not show up. I called and texted her. No response. I waited Saturday and Sunday. Nothing.

On Monday afternoon I received a nasty voicemail from her saying, basically "SH*T HAPPENS". Sound familiar ?

Since then, the first one to my door with the cash will get the item. The other side of the deal needs to be considered also.
cmp
Joined: Dec 2010
Posts: 140

cmp
Joined: Dec 2010
Posts: 140

There is no contract.
3/13/2016 at 10:03 AM

Going back to highschool law class, I recall that for there to be a binding contract, there has to be an offer, an acceptance of the offer, and a consideration paid. Had you given the seller some form of down payment or partial payment, then you would (legally) be on the hook. But since you did not give any form of payment, then the contract was still in negotiation.

I too have been burned many times by people changing their plans at my expense. If a buyer can't leave some level of deposit, then they can't be serious about buying.

JackAzz
Joined: Jul 2008
Posts: 1436

JackAzz

Joined: Jul 2008

Posts: 1436

100% Correct

3/13/2016 at 11:20 AM

standard standard h8r said "I have been on the other side of your situation, Spartan. On a Sunday I had a buyer agree to purchase tickets. She told me a great story about how they were for her son's 12th birthday and what a huge fan he was. She said that she would absolutely take the tickets, but could not pay for them until payday on Friday.

I fell for it. I turned down a half dozen other buyers during the week while holding the tickets. We agreed that she would pick them up on Saturday morning. She did not show up. I called and texted her. No response. I waited Saturday and Sunday. Nothing.

On Monday afternoon I received a nasty voicemail from her saying, basically "SH*T HAPPENS". Sound familiar ?

Since then, the first one to my door with the cash will get the item. The other side of the deal needs to be considered also. "

I've also been burned by sob stories which caused me to miss out on other buyers. Since then I have a non-negotiable rule, first person to put cash in my hand gets the item. Out-of-towners sometimes don't think this is fair, but its not fair to me the other way. In a perfect world you could trust people but this world is far from perfect.

Adam

Joined: Mar 2005
Posts: 15663

Adam
Joined: Mar 2005
Posts: 15663

Buyers/sellers
3/13/2016 at 11:35 AM

Thanks for your interest in using the classifieds. Just based on what I've read from what you've posted I'd say that both sides would be best to accept some responsibility for not fully communicating. They'll just be trying to scare you, they can't force you to buy their item just because a message was sent.

In a world where buyers and sellers have completely different lives that lead to completely different priorities and schedules It's up to any individual buyer/seller to sell however they see fit based on what fits their lives. At the same time I always like to stress how important communication is for both sides in order to set expectations and avoid any misunderstandings or disputes.

Personally when I'm a seller I'm clear with my buyers that I sell on first-come, first-serve. At best I give a very specific time frame.... for example [i]"Its all yours if you can make it by to pick it up within the next 2 hours or I'll go to the next person on the list."[/i] At the same time I'm telling buyer #2 that I have a buyer but if I don't see them within two hours then buyer #2 can have it. If it's a harder to sell item maybe I'm more flexible with the time frame, but when you're specific like that both buyer and seller know the situation and neither can be surprised by the outcome.

If I'm a buyer and I really want an item (and I've seen this with buyers of stuff I sell), I'm clear that I'll make it by as soon as I can to pick it up. If I don't then I accept why I didn't get the item and move on.

cheers
traveller
Joined: Jun 2007
Posts: 9145

traveller
Joined: Jun 2007
Posts: 9145

:)
3/13/2016 at 11:57 AM

ya stuff happens and i wouldnt worry about getting sued but after holding them for you it was your responsibility for buying the tickets, I can see why you wouldn't have wanted to buy them and try to get rid of them but you spoke for them and the seller probably let other buyer pass so you cant blame them for being mad at you and now changing their sellers policy

being out of town tho i have had it the other way and had sellers say ok, come at this time and then sell it on me before i got there at the appointment time, i also think this is bad practice, if you wont even give me a few hours to get there, tell me and dont make an appointment

all of these things tho are just the joys of selling used stuff, kinda sucks but unless you go to a store there is room for stuff to happen
mightyquinn2
Joined: Jun 2015
Posts: 96

mightyquinn2
Joined: Jun 2015
Posts: 96

contract law
3/13/2016 at 12:28 PM

OFFER

Each contract requires an offer and acceptance of that offer.

"... to constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person's intention, or a declaration of his willingness to enter into negotiations is not an offer and cannot be accepted so as to form a valid contract" {Acme Grain Co. v. Wenaus, [1917] 36 DLR 347 (Sask.)}

An offer must be a clear, unequivocal and direct approach to another party to contract. Lawyers speak of certainty of terms as a condition of a valid offer.

For this reason, advertisements, catalogues or store flyers are not offers. In an advertisement, a pivotal term is uncertain: e.g., quantity.

Nor is a "for sale" sign on a used car.

invitation to treat - contract lawThe law calls these invitations to treat; essentially invitations to the general public to make an offer on a particular item. But, even here, there have been exceptions. For example, in a 1856 case, an advertisement of train rates was held to be a valid offer. Much depends on the wording of the "invitation".

An offer, once made, can be revoked before acceptance unless it is under seal. An offer can also expire if a deadline for acceptance passes.

If there is no specified deadline, then the offer expires in a "reasonable time", depending on the subject-matter of the contract.

For perishable goods such as food, a "reasonable time" would likely be a matter of days. The "reasonable time" would be longer where the subject matter of the contract is a building