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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My fiancée recently was planning on purchasing me concert

Resolved Question:

My fiancée recently was planning on purchasing me
concert tickets for my birthday. She was buying the tickets from a website called americas top tickets. She filled out all the necessary steps to place the order (put in CC information, filled out name address ect), however, before she purchased them she wanted to ask me if that's really what I wanted and if we had the means necessary to afford them. After talking it over with her we realized we probably didnt need to
Spend that kind of money as we are currently saving to purchase a house and would like to save as much as possible. However, in the time that she came to ask me about the tickets, our two and a half year old daughter got a hold of her phone and completed the transaction unbeknownst to us. We didnt find out that the charge was made until a few hours later when my fiancée received a conformation email about the tickets. She immediately contacted the website to cancel the purchase, explaining what happened and the man
Refused to refund her full amount. She then called the bank to dispute the charge which they have refunded for the time being as it's being reviewed. The
Man who apparently owns the website then sent a threatening
Email to her saying that she has "made this personal" and he "will see if a lawyer and law inforcement will believe this story" claiming that he will take her to court and sue her. The concert is over two months away and this was a simple mistake which he is refusing to cancel. Any advice on what to do or if he even has any case for legal action? Thanks in advance for the help!
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Was the final and only step which needed to be done prior to your wife speaking with you was pressing a confirmation or enter button? Also, does the seller have any type of return policy posted on the website?
Customer: replied 1 year ago.
Yes that was the final step she needed to take. After we decided against it, she didnt notice it was purchased as our daughter pressed the purchase button and then, as toddlers do, pressed numerous other buttons and took her off that page completely. It wasnt until my fiancée checked her email a couple hours later that she noticed the tickets were purchased and then as soon as possible contacted the website. And I'm not sure what they have on their website because I'm not very good with "law lingo" if you will, so I was hoping that was something
You could also assist me with. Their website is http://www.americastoptickets.com/policies.aspx if you can take a look. Being that this was purely a mistake and the man has over two months to resell these tickets I don't know why a refund can't be implemented or why he is refusing to do so. We never received the tickets, obviously haven't attended the concert being two months out, and contacted him as soon as we noticed the issue. Now he is threatening to sue us if the bank refunds her the money? I don't understand. Please help!
Expert:  LegalKnowledge replied 1 year ago.
Joey, thank you for the additional information. The sites appears to be simply a third party, who puts buyers and sellers in touch with each other, to facilitate the sale. The site also says all sales are final and it does not appear there any refund policies in place. As far as his comment regarding law enforcement, no crime has been committed here. If anything, this is a civil matter, not criminal. You did the right thing by notifying the company of the problem but then they have to go back and deal with the seller. In a situation like this, they likely obtain a percentage of the sale, which is how they make money, if they are not the actual seller themselves. As such, you can certainly try and resolve this, making them an offer to reimburse them for any fees or in the alternative, any potential lost profit which they would have made. Seeing how there is a dispute, you disputed the charge on the credit card and the concern is 2 months away, the seller would have to make a good faith effort to try and mitigate damages, reselling them to someone else. If they did that, they could still sue you for damages suffered, as a result of this problem. If they did not and just let the tickets go to waste, then they may have a problem on their ending seeking the total amount of damages. Another issue is who is actually in possession of the tickets. If they were to send them to you, you could then try and resell them, to cut your loses. If you do not have them and they still do, then there is nothing you can do and it would go to hurt their case, that they failed to mitigate the damages again. I'm inclined to believe that they are waiting to see if the credit card company is going to pay them or if not. If they do get paid, you need to make sure you get the tickets and then would have to resell them on your own. I have a two year old myself, so I can certainly see how something like this can happen. At the same time, the seller can make the argument that it is your responsibility and your fiance should have never left the phone in or near the possession of the child. They may be thinking you just made the story up and changed your mind about the purchase.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
Last quick question then, based on what you read on the website, IF this actually does end up in court, in your opinion who would win this issue? My fiancée or the seller? Just in your opinion.
Expert:  LegalKnowledge replied 1 year ago.
I think that he would be entitled to any damages suffered or costs he had to incur, reselling the tickets. However, I do not necessarily believe that the court will be ok with the fact that he sat idle for 2 months, with the tickets, after knowing there was an issue/dispute and allowed the tickets to go to waste. Like I said above, I think he is waiting to see what direction the credit card company goes in, before doing anything. If they deny payment to him, I can see him keeping the tickets and almost being forced to resell them and then may go after you for damages. If he gets paid, he is going to send the tickets to you and you are going to have to either resell them or go to the concern. What he certainly can not do is get paid and keep the tickets. If you want to try and settle this, you could always offer to pay any fees, costs or lost profits, from the resale.
Customer: replied 1 year ago.
Okay thank you. The 36 dollars I paid was only a one time fee, correct? I didn't purchase a membership or anything right? Just the one time fee and that's it?
Expert:  LegalKnowledge replied 1 year ago.
If that is all you signed up for, then that is correct. You can always contact customer support to confirm. If you do not have any other questions, please remember to rate my help so I can get credit for my answer. Thank you and good luck with everything.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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