Legal Question in Civil Litigation in California

I bought some tickets and with mine I received some other tickets in the mail from a ticket agency with a thank you card and I didn't need them so I sold them on Ebay. After selling them the ticket agency emails me saying it was a mistake on their end to send the tickets, I replied that I had already given the tickets away. They ened up canceling the tickets and the person I sold them to had re-sold them and his customers couldn't see the show. I refunded his money but now he is threatening to sue me. Can he sue me? would this be small claims?


Asked on 12/12/11, 8:30 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If a reasonable person would conclude that the spare tickets were a gift, then you could dispose of them however you wished and the ticket agency upon being told that you had sold the tickets had no right to cancel them. You need to check if there are any laws in your area against the re-selling of tickets [scalping--normally can not sell the tickets within a certain distance of the venue where playing]. As you did nothing wrong, you are not liable to the person who was re-re-selling the tickets. The ultimate users of the tickets would have a right to sue the ticket agency. That the person you sold the tickets to might have paid his buyers back some money is not your legal fault. If he does sue you, then you would have to cross-complain against the ticket agency.

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Answered on 12/13/11, 11:04 am


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