I am refusing to complete an ebay pruchase

[rebel33]

I am refusing to complete an ebay purchase - am I liable?

What is the name of your state? Georgia

I live in GA, the seller/broker is in OK, and the game is in FL

I won an ebay auction for 2 tickets to the superbowl, but then found out from the seller, who is located in Oklahoma, that he does not currently possess the tickets and that the broker that he works for has "contracts to buy the tickets", but that I should pay and that I will receive the tickets described ("or better"), and that I must pick them up the day before the game in Jacksonville. I have refused payment and he is threatening to sue me.

Is this valid? ebay states that ticket sellers must "include proof of the ticket face value in the item description in the form of a partial scan of the actual ticket - clearly showing the face value and the event date" BUT this seller said, after the fact, that is not the rule - the rule is if the broker wants Florida residents to bid more than face price then they have to show a scan.

I am cunfused and worried about paying 4k for tickets that are not in the broker's possession. Any help would be greatly appreciated.

Also, he has threatened to go to the courthouse tomorrow and file, what are the chances of this being valid...

 

[EbayBob]

Not sure I understand the issue. If you won the bid, and he isnt denying you the tickets and says you will get equal or better seats, then it sounds like you are getting what you paid for. Is the sellar changing the rules on you from how he stated things in his auction? Meaning did he state he actually had the tickets and you would receive them immediate and is now changing that? If you are concerned about getting ripped off, is there anything that states you cant just make the transaction in person....meaning pay the 4k, and get the tickets at the same time? My opinion is that you bought them so you are required to pay, as he is required to give you what your purchased.

 

[rebel33]

I found out, after the fact, that he does not have the tickets in his possession and is planning to pruchase them himself and have them in FL by the time that I get there. Knowing this, I would rather purchase the tickets from a Seller who has the tickets 'in hand' and can either ship them or guarentee what exact seat they'll be...Can he sue me and make come to court in Oklahoma?

 

[You Are Guilty]

One cannot (legally) sell what one does not have. On the other hand, if you should happen to miss the game, I have a lovely bridge here that would look great in your backyard. Normally, it costs $6,000, but because I like you, I'll let it go for only $4,000. Let me know

 

[rebel33]

This broker has made hundreds of eBay transactions

...I just don't trust him and don't want to follow through. He just sent me an email that states that his firm has already purchased the tickets but they just don't have them in hand and that "There is no further clarification needed. Tell me your choice. Any response but a choice or no response will me option 3 and I will be at the courthouse to file tomorrow AM."

I don't like his attitude - his 3 options are for me to buy the tix, pay him 200 to cancel the transaction, or for him to sue me and for me to:
"Spend hundreds of dollars to come to Cleveland County Oklahoma to defend a lawsuit. Sure I might not win, but man it will be a pain in your ass to spend the money and come here. If you want to look up one of our past lawsuits. Look up Michael Brunton v Totally Tickets on the Oklahoma Court site. He didn't pay a $ 10,000 auction and we got a judgement for $ 23,000 against him for lost profit, time, and punitive damages."

Any other suggestions on the law and if I am liable would be much appreciated

 

[You Are Guilty]

That sure sounds like a load of crap to me, and a quick search of Westlaw and the OK case reporting websites shows no record of any such case. (Not to mention why the individual would sue the broker).

Anyway, tell him you want to see pictures of the actual tickets that he's selling. That ought to resolve any fears.

And as far as ebay and judgments go, do a quick seach on this site for any of the 4 gadzillion posts that have already been made on the subject.

 

[divgradcurl]

And one more thing -- if he does file a case against you in OK, simply respond with a motion to dismiss due to improper venue -- he needs to file in GA, where you live, not in OK, where he lives...

 

[EbayBob]

Here is what i found on the subject of Venue (Location) for Filing a Claim. This would make me beleive there may be more options than this person having to file in GA. And that is more of a question if someone knowledgable could address the 5 as it relates to an internet transaction.


Small claimsRules provide that the proper county for a small claims case is:

1. Where the transaction or occurrence actually took place; or
2. Where the obligation or debt was incurred; or
3. Where the obligation was to be performed; or
4. Where the Defendant currently lives; or
5. Where the Defendant has his or her place of employment at the time the case is filed.

 

[divgradcurl]

Making a purchase on eBay is not sufficient to establish the "minimum contacts" necessary to give the Seller's state jurisdiction over the buyer.

 

[You Are Guilty]

And as far as ebay and judgments go, do a quick seach on this site for any of the 4 gadzillion posts that have already been made on the subject.

I swear, the search button needs to be made 10x larger and flashing yellow.

 

[divgradcurl]

I swear, the search button needs to be made 10x larger and flashing yellow.

An excellent suggestion -- but then every eBay post would start with "I searched the archives, and couldn't find anything related to my problem..."