Kinda Burned for 10,000 on ebay advice please!

QUIK · October 22, 2005 11:56PM

Hello all i could use your advice please, I listed World Series tickets (#6571407161) someone bid the $10k and later sent an email saying ha ha try to collect. I really dont care that much because i want to go to the game today but that could have really burned me. Any advice on how to handle this person would be great . Thanks to all once again and go SOX Jeff

dgbaseball · October 22, 2005 11:59PM

Yeah, don't try to scalp tickets for 10K. It's against the law.

WinPitcher · October 23, 2005 12:28AM

Have fun at the game.

julen23 · October 23, 2005 12:49AM

hilarious thread.

i love this country!

go WHITE SOX

Julen

A761506 · October 23, 2005 1:11AM

If you're selling any sort of tickets, you prevent that crap from happening by requiring immediate PayPal payment. That is the only way to sell date dependant items. But, I agree, $10K is beyond the scope of ridiculous unless it was for 8 tickets in lower-level infield box.

QUIK · October 23, 2005 1:31AM

I did not realize it was against the law i have never sold a ticket and set my price accordingly to other such auction prices. The guy in front of me 3 rows sold his 2 seats for 15 k on stub hub or something like that. I did not want to sell em but for 10k i would be ok with it. Any way i have had these seats for all the playoff and have all the series tickets so i could not be happier to not make a dime and spend my hard earned $$ to take my wife and great friends to these great games. Anyway do you think i should neg this person who bid or just let it go? I thank you guys again for the chat and i better get a nap or ill be screwed GO SOX!!

QUIK · October 23, 2005 1:36AM

Just wanted to add these seat are in a special section called scout seats that come with a lot of perks plus being so close to 10th row behind plate i did not think it was that crazy of a price from what im hearing elsewhere it was just a touch high to fair.

gregmadduxfan · October 23, 2005 2:10AM

2 Things.......it is not illegal to sell tickets, certain states do have strict rules about how much over face value you can charge but sometimes you are only held to that if you live in that state, ebay lays out the rules very well.

About the immediate payment, won't happen with a 10k sale, there is a cap of 2k for immediate payment so there is no way around that. The only thing you really can do in a situation like that is do pre-approved bidding only but since it is such a time sensitive auction it really is a tough call, best of luck.

Stone193 · October 23, 2005 4:35AM

My thinking?

I would never sell an item for 10 grand with a 'shelf life' without immediate payment that can't be reversed and then I send the ticks - and then I have to think - who would pay that kind of money and why would they trust me?

Next time? If you are from Chicago area - sell them to a legitimate broker - you will still make a profit and have zero risk.

As it goes for the jerk "ha, ha" - talk to Pandrews - he'll have a contract killer at his door in 24 hrs!

Have a good time at the game - last nite's game was very good - Stros had their chance but were shut down by some great WS pitching!

And finally Crede was my man of the hour - with the HR and some great defense!!!!

mike

Southerncards · October 23, 2005 4:41AM

I'd neg the guy, find him, and break his nose.

Then, I'd get really angry.

WinPitcher · October 23, 2005 4:59AM

And finally Crede was my man of the hour - with the HR and some great defense!!!!

yeah he was CLUTCH!

Carew29 · October 23, 2005 5:27AM

I have seen this mentioned a couple of times already, but was is the point of Paypal at end of the auction if the buyer has no intention of paying? 1st you need to notify Ebay so you don't get charged for a winning auction. 2nd you need to forward all this information to Ebay. 3rd you can look up the bidders information on Ebay. And if you have the money, go get an attorney. This guy agreed into a contract by entering a bid. Anyone thinks otherwise, i would suggest you consult your Business Law books.

duner · October 23, 2005 12:03PM

I'm no contract lawyer....but i don't think you could enforce the ebay sale. most common law states would void your sale because the consideration for the tix was so far above face value....just like he couldn't argue for specific performance on the deal if you promised to sell the tix for $1 and then renegged. Either way there'd be an unjust enrichment defense. That's all before you factor in the fact that the tickets are now valueless. Finally, it can be argued both ways whether clicking "confirm bid" on ebay is legally binding....that's likely why ebay always allows bidders to retract bids without reason.

He may have rubbed it in, but under most contract law you can't sue for punitive damages....so again you're screwed.

You could hire a lawyer for a few hundred an hour and he'll give you more detailed and coherent advice.....but I'm relatively confident he'll come to the same conclusion. The best you can do is neg the guy....and then get the retaliatory neg.

cdchanger · October 23, 2005 6:00PM

No legal advice here.

File with fleabay and get some of your fees credited.

Most states allow for "excessive prices" in a private sale
that is not coerced or made under duress or induced by
some aspect of fraud. There are some other exceptions;
ask your lawyer.

Your "case" - IF one existed - is history once you have
"used the tickets for your own enjoyment." You cannot
have "the value of your bargain" AND "the end-use of the
bargained premises/item." Use of the tickets by you,
likely mitigates your damges to ZERO; ask your lawyer.

Fleabay is a Deadwood-type town, and selling/buying big-buck
items there exhibits a semi-CLEAR assumption of risk.

I would rather go to the games than have the money, and
NOW you have a "side-bar" story to go with the "memories."

Cher

larryallen73 · October 23, 2005 11:44PM

Duner- I am no contract lawyer either but doesn't consideration just have to be reasonable? Based on the guy's post that someone else is his section sold seats for a similar amount of money that would set fair market value and thus his sale is reasonable. Thus, I conclude you have an offer, acceptance and reasonable consideration. I believe it's an enforeceable contract. On the other hand lawyers are expensive and more importantly you will never collect because it's probably some drunk college kid just messing around and he doesn't have a dime to his name anyway. Just my thoughts.

duner · October 23, 2005 11:49PM

Larry, on a purely academic level.... i still don't think it's "reasonable." although it depends on the state, basically scalping laws are rules of public order. you could sell an ounce of pot on ebay for street value which is "reasonable." but it would still be a void contract. the only difference here is he's selling a legitimate item in an illicit fashion. Clearly there are holes everywhere, but in the end there's no relief.

onlychild · October 24, 2005 2:41AM

Welcome to America. If anyone of you could get $10K for a ticket, you would. The way I see it, it differs little from selling a 1 cent piece of cardboard for $10K or more.

More power to ya'.

QUIK · October 24, 2005 2:41AM

Well what can i say but that jerk did me a huge favor!! What a game what a memory i will carry with me long after i would have blown through the cash. Everyone should have a chance to watch their team roll like the Sox have been, Its been super special!! Thanks for all the info i will probably just try to get some of the listing fees back. I should send the guy who burned me a thank you card and some pictures from the seats Thanks to all

gregmadduxfan · October 24, 2005 2:51AM

I am in law school and did pass Contracts......About the price being so far over face value that does not matter, it is about the market value. This would be really tough to enforce, the guy had no intent to purchase the tickets. If he was drunk and impaired when he did that, he would not have a reasonable state of mind. Yes there is consideration and a bargain for exchange.

I could keep going in more detail about this but it doesn't really matter and it's not worth the time for me to type it out or you guys to read it.

larryallen73 · October 24, 2005 4:41AM

No offense but I don't think Duner is right. However, I only got a C in contracts so what do I know. Plus that was a long time ago. As for you, young law student, stop collecting cards and get back to your studies! No time to waste!

J/k. Good luck to you with law school. I did not find it to be very fun. Maybe I should have paid more attention to my card collection during those years!?

Kinda Burned for 10,000 on ebay advice please!

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