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I bought four tickets to a concert on craigslist. Then I sold two of them on stubhub. I later learned the tickets might be fake. I immediately notified stubhub. I was told seller's agreement is I am liable for 40% of what I earned on sale or full replacement cost (based on market rates) for new tickets, which would be double what I made on sale.

I sold in good faith, not knowing they might be fakes, so is there anything that protects me from having to pay more money than I earned? I will happily refund the entire amount I was paid.

Thanks.

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    Contracts for sites like that frequently require you to agree to some form of "I am sure these tickets are real and can be sold." It really is your fault for not having checked them before attempting to resell them again. The only thing you can do is work it out with StubHub and hope for the best. There's nothing in the law that can help you get out of something you explicitly agreed to.
    – animuson
    Sep 7 '17 at 3:47
  • Ticketmaster was unable to determine if they were real or not, and said they were from a 3rd party seller, but there was no indication which seller. Sep 8 '17 at 19:38
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No.

As also explained in a comment, your liability is for breach of a warranty in a contract that the tickets are real. Contractual liability is imposed without regard to fault or good faith. If you breach it, you have legal liability, even if you had the best intentions.

You could probably not be sued for fraud or negligent misrepresentation in these circumstances (those are torts), and you could be forced to return what you received even in the absence of a contract under restitution/unjust enrichment principles. But, breach of contract liability can be broader than tort or restitution liability and it is in this case.

Of course, you would have a right to sue the person who sold you the fake tickets for what you lost from stubhub either on a tort or unjust enrichment theory.

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  • Ticketmaster was unable to determine if they were real or not, and said they were from a 3rd party seller, but there was no indication which seller. Sep 8 '17 at 19:39

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