What is the name of your state? PENNSYLVANIA
Hello-
I am seeking legal advice on the following issue.
I recently sold concert tickets on eBay. The auction ended the day before the concert; therefore, immediate payment was required in order to ensure on-time shipping. Upon completion of the auction, I sent a note to the winner (buyer) and informed them that I needed to receive payment by a certain time that day; otherwise, on-time shipping would be impossible. Unfortunately, I did not receive payment on time. There was a processing error with the payment system, and although the buyer claims the payment was made in-time, I did not receive it. Therefore, I contacted the buyer and informed them that I would offer a refund, and the buyer accepted.
Afterwards, I decided that I could personally deliver the tickets for an extra cost. I contacted the buyer and the buyer agreed to this deal. The following day (the day of the concert), we agreed to the payment and delivery terms. However, the buyer chose not to arrive at the designated meeting point; therefore, payment was not made and the tickets became obsolete. The buyer chose to be absent in spite of the fact that:
1. The buyer agreed to meet at the venue in exchange for payment with a money order.
2. The buyer notified me that a money order was made.
3. I called the buyer several times within a four hour time block to confirm the transaction.
At this point, I am asking for full payment, as a result of breach of contract. From my understanding, the new agreement supersedes the old agreement (mirror image rule?), and the buyer not only accepted in principle (via e-mail) but also in action (by purchasing a money order - mailbox rule?). Nevertheless, the buyer is refusing to make payment because of the following:
1. The buyer claims a new agreement was never finalized.
2. The buyer was "suspicious" of my reliabililty.
3. The buyer claims they satisfied the terms of the first agreement; therefore, they are not obligated to follow-through on the second agreement.
Please advise on my situation as soon as possible. Thank you.
Hello-
I am seeking legal advice on the following issue.
I recently sold concert tickets on eBay. The auction ended the day before the concert; therefore, immediate payment was required in order to ensure on-time shipping. Upon completion of the auction, I sent a note to the winner (buyer) and informed them that I needed to receive payment by a certain time that day; otherwise, on-time shipping would be impossible. Unfortunately, I did not receive payment on time. There was a processing error with the payment system, and although the buyer claims the payment was made in-time, I did not receive it. Therefore, I contacted the buyer and informed them that I would offer a refund, and the buyer accepted.
Afterwards, I decided that I could personally deliver the tickets for an extra cost. I contacted the buyer and the buyer agreed to this deal. The following day (the day of the concert), we agreed to the payment and delivery terms. However, the buyer chose not to arrive at the designated meeting point; therefore, payment was not made and the tickets became obsolete. The buyer chose to be absent in spite of the fact that:
1. The buyer agreed to meet at the venue in exchange for payment with a money order.
2. The buyer notified me that a money order was made.
3. I called the buyer several times within a four hour time block to confirm the transaction.
At this point, I am asking for full payment, as a result of breach of contract. From my understanding, the new agreement supersedes the old agreement (mirror image rule?), and the buyer not only accepted in principle (via e-mail) but also in action (by purchasing a money order - mailbox rule?). Nevertheless, the buyer is refusing to make payment because of the following:
1. The buyer claims a new agreement was never finalized.
2. The buyer was "suspicious" of my reliabililty.
3. The buyer claims they satisfied the terms of the first agreement; therefore, they are not obligated to follow-through on the second agreement.
Please advise on my situation as soon as possible. Thank you.