Citizen Drawn Contract & Obligations

What is the name of your state (only U.S. law)? Ohio

I found a seller for a partial season ticket package that I was looking to buy a couple of weeks ago. We discussed details through e-mail and phone conversation including seat location and total price $765. He put together a generic-looking contract that he wanted me to sign for this transaction but when I received it, it had the agreed price but did not include the seat location. So I added the specific seats I was buying before signing it and returning it.

Then he e-mailed me to set up a meeting place for an exchange as we live several hours apart. Also in this message, he added that the seat location has changed is actually on the opposite end of the section from where it was supposed to be. Now I find out that I cannot afford the tickets and have informed him but he says that I'm contractually obligated citing R.C. 1302.04. Please help me with these issues.

If I write on an agreement then sign it, do my inclusions become binding in the agreement?

Following the signing of the contract, does altering the seat location cause a breach of contract?

How do ticket sales laws apply in this situation?

If you need more information, please let me know. Thanks in advance!

Since subject matter is important (especially regarding tickets), I'd say that if you have a contract at all, you have it for the tickets in the location discussed and indicated on your signed writing. I don't think you had a meeting of the minds and there was not acceptance. If he insists on there being a contract, tell him to provide the discussed seats or you will be forced to "cover" by buying them at a broker and charging him the difference between your price and the amount paid.

Comparison of Ticket Locations

What is the legal understanding for comparable tickets? For instance, if he says that these seats are better than the originally agreed upon seats, does that still break the contract? So if the tickets that he is giving me are not the precise tickets that I indicated on the document before signing it, then I can sit back and see if he actually follows through with a lawyer?

"better" is subjective. Maybe a friend of yours already has the seats next to the ones you want.

Tell him that you are not willing to accept any seats other than those specified in the contract.

I have no idea what "comparable tickets" is. I do know what a contract is. It is a meeting of the minds where each agreed to the same thing. (Other stuff too, but that is the issue here.) Either you were both thinking about different things, whereupon there is no acceptance and no contract; or, you were thinking about the same thing and there is a contract. Since you had specific seats mentioned in negotiations and you wrote on the signed representation of the agreement a memorization of those specific seats, if there is a contract, I'd say it is for those specific seats.

How can anyone know what someone was thinking during the signing of a contract? I have several e-mails trying to get a straight answer from this guy and all he reacts with is how busy he is and doesn't see how this issue could be misunderstood. I knew that we weren't completely decided when I signed it so I never expected it to have any real hold. To me it was more of a faith action to prove that I wouldn't stiff him or a promise that I wasn't a criminal. Did I get myself in over my head? What can I expect for the future if he has/thinks he has any sort of case? Is it worth messing with or should I just buy the tickets and attempt to sell them again myself? Seems like a lot of work...

Thanks.

How can anyone know what someone was thinking during the signing of a contract? I have several e-mails trying to get a straight answer from this guy and all he reacts with is how busy he is and doesn't see how this issue could be misunderstood.

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Well, I'd go with the original story:

We discussed details through e-mail and phone conversation including seat location and total price $765

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in a written memorialization of:

So I added the specific seats I was buying before signing it and returning it.

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It seems pretty clear what you thought you were talking about. He will either argue he agreed, or that you did not have a meeting of the minds.

So you're saying that those are the only two ways that he could contest me and that with either one there are flaws to it? Can I tell him to do what he has to do and then just ignore his attorney's correspondence until he goes away? That's what I'll probably do if he tries to contact me again about this. How will I know when this thing has become more than just a scare tactic or threat and moved into 'I need to show up at court' territory? Thanks.

An attorney cannot threaten to sue without meaning it. If you got an attorney letter with a threat to sue, be ready to go to court. If the purported contract has an attorney fees clause (loser pays for attorneys), see an attorney.

Not that anyone cares specifically how my situation has played out but I know how I feel when I miss the ending to the movie so here it is. I asked him to consider three options before pursuing legal action, a) I'll buy more tickets, b) I'll buy no tickets, or c) I'll buy the same amount if they're upgraded. He offered me: a) buy double the amount with a slight discount, b) pay a penalty cost to "walk away", or c) buy the same amount but include aisle seats. I told him I would pay the penalty of 10% ($75) instead of risking thousands and legal hoopla that I obviously have little understanding.

So did I make the right call or not? What would you have done? Also, thanks for your responses, especially tranquility, you were a great help.

I'd have told him to pound sand. Your maximum exposure was $765.