Legal Question in Civil Litigation in Texas
Contract Law involving a Ticket Broker
My sister purchased 50 tickets about two months prior to the Packer Cowboy football game. When it was near the time for her receive her tickets he (tix broker) told her several excuses why they didn't have them. Well it came to go to the game and he never delivered her tickets and she never recovered her money.
Are there any previous court cases or laws that I could find? Any help is appreciated.
5 Answers from Attorneys
See a lawyer...
My best recommendation rather than for you to look for cases and laws, is to tell your sister to pay to consult with a lawyer who handles debt collections and business matters in her community. Obviously, if she paid for something and has a receipt and never received what she paid for, she should normally be entitled to get her money back or something of value equal to it (i.e., more tickets). However, she should see a lawyer ASAP to determine exactly what her rights are and are not and what the "statute of limitations" is for this kind of claim--waiting too long may cause her to lose some/all of her rights.
Claim Against Ticket Broker
Unfortunately, this is becoming a more common occurence than in the past. Although most ticket brokers are reputable and well established, the few "bad apples" are giving the rest of the industry a bad reputation. Laws vary greatly from state to state and there is federal legislation that covers some circumstances. In any event, your right to recover would be based, at least, on a simple and straight forward breach of contract theory. See a lawyer as soon as possible.THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A COURTESY ONLY. THIS IS NOT INTENDED TO, AND DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP. YOU SHOULD SEEK THE ADVICE OF AN EXPERIENCED ATTORNEY AS SOON AS YOU HAVE ANY LEGAL QUESTION. DELAY, FAILURE TO ACT, OR IMPROPER ACTS CAN RESULT IN A COMPLETE LOSS OF LEGAL RIGHTS.
Sounds like a crime
This sounds like larceny by fraud. Contact the police, the district attorney, theattorney general, or the local court about bringing criminal charges against the person.
ticket broker breach of contract
This sounds like a clear case of breach of contract. Depending on the dollar amount, I suggest small claims court or hiring a lawyer to sue the ticket broker.
If we have not met face to face and agreed to my representation of you in a written agreement signed by both you and I, then I am not your lawyer. Any comments made here are not legal advice but presented in the spirit of this bulletin board as general information only.
ticket broker was broker than thought or so broken as to be crooked
One of three things appear to have happened. First, your sister delt with a crook involved in ticket fraud. If so, contact the police and, if U.S. Mail was involved, the Postal Inspectors.If it was not a crook, then perhaps it is simply a bad business, in which case you may contact a lawyer or the consumer protection division of the state attorney general.You might also check with the bankruptcy court to determine if your broker was so broke as to run into bankruptcy.If there is no bankruptcy, and if the broker or his employer is still in business, bring the receipts and evidence to a lawyer today.