Legal Question in Consumer Law in Texas

Ticket broker advertised one pr./tickets; delivered another.
-Seller/Ticket Scalper listed specific pair of concert tickets for auction at online auction site.
-Buyer/Winning bidder asked seller question to verify ticket specifics BEFORE ever bidding and seller assured the specifics.
-Buyer paid via online payment processing service using their bank account for an EFT/ACH type of transfer after auction closed.
-Seller met buyer at neutral location and hand delivered tickets. (No proof of delivery)
-Buyer returned home, then noticed the tickets were not the specific pair advertised in the auction.
-Buyer phoned seller asking for the specific seats listed for auction and was told they were never available and that the seller never even had those tickets.
-Buyer requested refund. Seller refused.
-Buyer was not able to stop payment on EFT/ACH payment, but was able to withdraw funds from their account before payment processed. Transaction returned as insufficient funds. This occurred three times before online payment processor reversed payment attempt.
-Auction price for tickets was $500+. Face value was $190.
-Buyer offered seller payment equal to face value of tickets + auction listing fees.
-Seller refused. Demands full payment. Threatens small claims lawsuit.
-Possible outcome?

Asked on 10/24/04, 10:51 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Ticket broker advertised one pr./tickets; delivered another.

Lawsuit; counterclaim for fraud in the inducement, violation of deceptive trade practices act; judgment each party take nothing.

Answered on 10/25/04, 9:35 am

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