Legal Question in Business Law in California

Buyer-Seller Agreements

There is this concert that I wanted to attend, and unable to get a ticket from an official seller, I resorted to contacting someone who was willing to sell their ticket at a higher price. We exchanged emails and instant messages over the course of a month or two, but now that the concert is drawing near, he suddenly decides he doesnt want to sell the tickets to me. It is too late for me to find other tickets because I had long been under the assumption that I was getting the tickets he was selling me, and this is kind of one of those once in 10 years concerts. Are there any legal actions I could take? It seems--name removed--wrong to be put in this kind of situation that there HAS to be something I could do. All I have are the messages we sent each talking about when, how and where we would meet, etc to exchange money and ticket, because the actual tickets were given out at a later date.


Asked on 3/26/08, 1:21 pm

3 Answers from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Buyer-Seller Agreements

Yes, there are things you could do legally. This is called anticipatory repudiation of the contract and/or fraud in the inducement. You changed your position (i.e. didn't pursue other options to get tickets) because of promises and representations made by the seller. The question is whether it is worth doing something because this is probably a small claims matter. You probably wouldn't get the matter resolved in time to actually see the performance. Perhaps an attorney's demand letter would be the best shot of getting release of the tickets in time for your goal of seeing the concert. I would assert that your damages would be the cost of air fare, tickets, and related expenses to see the show at another venue.

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Answered on 3/26/08, 1:34 pm
Jeb Burton The Burton Law Firm

Re: Buyer-Seller Agreements

In general I agree with Ms. Cowin's statements. However, you have a unique situation. Since you were buying the ticket from a non-authorized reseller at a rate higher then face value, unless that individual had permission from the venue and entertainers... it was technically scalping. Since scalping is not legal in California, I question your ability to get a court to enforce the agreement (even if you can prove one existed). The Court's are not accustomed to enforcing illegal contracts.

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Answered on 3/26/08, 1:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Buyer-Seller Agreements

I think Mr. Burton is wrong about scalping being illegal in California. I have not researched the issue, but my understanding is that scalping is only illegal when done on the premises of the venue and without the venue's permission. The existence of many reputable "ticket brokers" in this state suggests that the business is indeed legal.

I'm also not persuaded by Ms. Cowin's discussion of fraud in the inducement. To prove such a claim you would have to show that the ostensible seller never intended to sell you the tickets. If he made the deal in good faith and then changed his mind or became unable to complete the transaction it would be a simple anticipatory breach.

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Answered on 3/26/08, 5:50 pm


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