Threatened case for small claims court

[nhancakes]

What is the name of your state? TEXAS

There was a ticket posted in the market place of Facebook for sale. I messaged her to tell her I was interested, but something came up where I couldn't purchase the ticket any longer. She threatened to take me to small claims court because of a "written agreement"; however, I had never stated that I would buy the ticket from her. Does she have a case?

I am Nhan Ho; she is the seller.

Nhan Ho
5:58pm September 26th
Hey I'm the dude that messaged you that was interested in the ticket

i'm assumin you're in austin

Jennifer Smyth
10:01pm September 26th
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i am in austin... However, if you want to get the ticket before next week we'll need to meet up before like 4 tomorrow (Thursday) because i'll be in Houston this weekend to take the LSAT...

Nhan Ho
12:51am September 27th
I'll wait until you get back from your trip because my schedule is stacked tomorrow

Jennifer Smyth
9:35am September 28th
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Okay, that's fine. Could you meet either Sunday evening or monday BEFORE 11, because I'd really like to get rid of it!

Nhan Ho
10:59pm September 29th
Sorry, something has come up and I won't be able to go to home for OU weekend.
I'm really sorry I took up your time.

Jennifer Smyth
9:31am October 1st
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that's pretty ****ty of you...it's the week before the game..

Jennifer Smyth
Today at 5:19pm
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I still have the ticket to the OU/Texas game. I did not sell it to anyone else based on the written agreement that you and I had for you to buy the ticket from me for $275. Seeing as it is week the before the game, i've put it back on the market and tried to sell it, with no success. I fully expect you to honor your agreement or I will be taking you to small claims court.

 

[dcatz]

What was the exchange when you "told her you were interested?"

 

[nhancakes]

I originally texted messaged her asking if she was selling her ticket for 275
she replied by saying yes and asking if i was interested
i said i was interested in it and told her i would message her on facebook.

her exact message was: hey, yeah i am selling the ticket! are you still interested?

 

[dcatz]

If that's all that was to be added to what you originally posted, you're ok. No agreement written or "oral" (since unsigned by anybody).

"still interested" might suggest something is still missing, but if you're saying that's it and it went from

"I'm the dude . . ." to

"if you want to get the ticket before next week . . ." to

"I'll wait until you get back . . ." to

"Okay, that's fine", I would be comfortable with arguing that there was never a meeting of the minds and no agreement.

If by "I'll wait until you get back . . .", you could reasonably be understood to mean "I accept your offer and will meet you with the money when you get back", you have a different situation.

 

[nhancakes]

On the back of these tickets it says, "If resold or offered for resale at a higher price than that appearing thereon, it may be seized and cancelled without compensation."

If she takes me to court wouldn't the case fall apart since she's not allowed to sell it above its value- $95?

 

[GulfBreeze]

this person is full of it. they wont bother taking you to SC. they have no case. being "interested" doesnt imply acceptance. it just means that you are thinking about a possibility but not sure yet. also, as mentioned, scalping is prohibited. i would ignore all their threats. let them eat crow.

 

[HomeGuru]

this person is full of it. they wont bother taking you to SC. they have no case. being "interested" doesnt imply acceptance. it just means that you are thinking about a possibility but not sure yet. also, as mentioned, scalping is prohibited. i would ignore all their threats. let them eat crow.

**A: I agree.