I am so upset and don't know what to do....

[disneyin2008]

Most people don't hire a lawyer to go to small claims court.

Actually lawyers aren't allowed in Small Claims cases. You can certainly consult with a lawyer before you appear, but they can't appear with (or for) you.

 

[Mr. & Mrs. Smith]

So are ya'll saying that the $1,000 was handed to OP in CASH? If not, how was it paid to OP....by a check written by mom? If so, then all this discussion about whether or not it's a contract with the minor is rather moot, because if the mom wrote the check, then any contract would have been with the mom, not the daughter.

You're right. But we don't know. I think that's why some of us are asking the question. Maybe the OP could clarify.

And, please, don't judge the legal system on those hokey courtroom drama shows. They do way too much editing of the law for "good television".

I'm not sure if you have actually spent any time in "real" small claims courtrooms but you would be surprised at how similar the two really are. Sure, they pick certain cases based on how interesting they would be to watch but they are still real cases that would have come before a judge whether the cameras were there or not. Believe it or not, some people are really just that dramatic and petty.

 

[snykymom]

A retail purchase is most certainly a contract.
Because the girl is a minor, she can (in theory) demand her money back from the mother.

No, she can't. Minority will not be permitted to void the "contract" (if a traditional one is even found) in this case. One thing that will keep a minor bound by a contract that has been fully performed is that of reliance on the other person's part. The mother in this case relied on the statements of the girl, and acted on them to her detriment if the contract is broken. Therefore, the girl is bound by the contract (and of course gets the goods she paid for).

In any event, though, the OP in this case merely acted as a conduit for the girl. The contract, if any, was between the girl and Disney, not between the girl and the OP. If the girl can void the contract because she's a minor, she needs to take that up with Disney.
If the girl had bought the tickets directly from Disney, she would be equally bound by the "no refunds" policy.

So does that mean that a minor could buy a 5-day ticket, use four days and then demand their money back?

No, because the minor would be "unjustly enriched" by the transaction; the minor would have gotten something for free. The minor would not be able to give the full thing purchased back to the seller. So a minor can't go into a restaurant, order a meal and then refuse to pay for it by saying, "But I'm a minor."

Actually lawyers aren't allowed in Small Claims cases. You can certainly consult with a lawyer before you appear, but they can't appear with (or for) you.

Depends on the state. In some states, lawyers are allowed, but not required.

 

[disneyin2008]

Believe it or not, some people are really just that dramatic and petty.

Oh yes, that part is definitely true and their arguments are just as unsound, but what I was referring to was the verdict brought down by the "Judge" on those tv shows is not based in law in many many instances. And the behavior of a few of those "Judges" on the shows would have them disbarred in real life.

 

[pepperw23]

I would tell the mother that according to Disney, tickets are non-transferable and non-refundable. I would give her the tickets and phone numbers and tell her that if she wants to invest her own time into trying to get her money back, to be your guest, but you are not going to spend hours of your time doing it.

That is exactly what I would do. This girl was invited out of the goodness of your heart. If she decided not to go, although I am sure you sympathize, it is really not your problem. Give her the tickets and let her decide what to do with them.

 

[VAN]

Another thought .. does your son have another friend (not necessarily girlfriend) who might like to go and would be willing to buy the tickets for face value?

 

[disneyandme]

Any news, OP?

 

[Goldilocks07]

I totally disagree. Why should she have the expectation that all of this is totally refundable? She provided the funds for the purchase of particular tickets, and they've been purchased. If she chooses not to go now, then she has to figure out what to do with what she purchased - just like anyone else would who was in that situation. Sure, if I was her mom, I'd want the money back, too - but I'd also be advising my child that if she forked over that kind of cash, she should have known the terms and conditions of what it was she was buying (and I should know that as her mom, too - since she's 17 and a minor.) YOU were not selling her the tickets, such that her mom can demand the cash back. Disney sold them - and they come with strings.

I'm sorry you're dealing with this. I'd hand over the tickets, along with receipts to show how much they cost, and wish them well in selling them somehow.

I completely and 100% agree with this. It's not your fault, and you are not her mother. She wanted to go on the Disney trip-begging to go- and now she can't go. She can still use the tickets at some point, and her and HER mother can take the tickets and deal with it as they see fit.

I'm sorry you won't have another girl to hang out with--- my hubby and I and my sister and a friend will be at Disney the week before Thanksgiving, you can hang with us!

 

[Goldilocks07]

Another thought .. does your son have another friend (not necessarily girlfriend) who might like to go and would be willing to buy the tickets for face value?

Ooohhh....this is a REALLY good idea!

 

[arielchickenofthesea]

We need an update from Danilynn19. We are all wondering what happened.

ariel

 

[aribelle]

Depends on the state. In some states, lawyers are allowed, but not required.

What state(s) would that be?

 

[snykymom]

Massachusetts, for one. I appeared for a number of clients in small claims court.

 

[danilynn19]

Any news, OP?

Sorry, been away for a bit.

OK many good questions....wow didn't think this would cause such a debate.

1. The tickets were paid for by a check from the GRANDFATHER, which does bug me that the mother wants the money since it was never hers in the first place.

2. My son said he would feel to "weird" if she came and he would not have a good time so that would not be an option. I adore her, but he's still my son

3. Mangaed to sell sea world and the pirate dinner tickets for the exact price we paid and the airline just gave me a credit minus $90

4. We tried LOTS of other friends, but let's face it in this economy not many people have money to send their kids on a vacation (or they're just jealous they can't go )

5. I have decided though many of you are right this is so NOT my problem. I am doing everything I can in good faith to sell these tickets. So if they other Disney, Disney Quest, Universal and MVMCP tickets do not sell then I will just hand them over and be done with it. I think the sooner the better, since it's been a month now since they broke up and my son says he shows no intrest in getting back with her. Shoot I even bought her a lanyard and some pins to give to her for pin trading for her birthday, which I am now stuck with. I know not as much money huh?

Thanks everyone though for the great advice. You guys are the best. I'll let you know the final outcome.

PS I like the pirate too he's (cool)

 

[aribelle]

1. The tickets were paid for by a check from the GRANDFATHER, which does bug me that the mother wants the money since it was never hers in the first place.

3. Mangaed to sell sea world and the pirate dinner tickets for the exact price we paid and the airline just gave me a credit minus $90

5. I have decided though many of you are right this is so NOT my problem. I am doing everything I can in good faith to sell these tickets. So if they other Disney, Disney Quest, Universal and MVMCP tickets do not sell then I will just hand them over and be done with it. I think the sooner the better, since it's been a month now since they broke up and my son says he shows no intrest in getting back with her. Shoot I even bought her a lanyard and some pins to give to her for pin trading for her birthday, which I am now stuck with. I know not as much money huh?

(cool)

Ok...#1 negates everyone's arguments about her being a minor....your "contract" if there was one would be with the Grandfather....he's the one that paid you, he's really the only one that could make any legal argument for reimbursement. Has he said anything to you? I certainly wouldn't open a can of worms by contacting him first....BUT...if there is any money to be refunded because of the things you've been able to sell for them, it should go to HIM not to mom. And I'd do it in the form of a check with the note section showing exactly what it's for "sale proceeds from Disney admission tickets" or whatever.

Also, a word of caution.....I have a dear friend with a FIL who is quite wealthy.....FIL pays for many things, vacations, school clothes, extracurricular school stuff, etc. Love my friend dearly, but it disgusts me when she will do things to get cash from him.....like have him buy the kids the most expensive clothes at fancy boutiques/stores......and then return them and take the cash to Walmart or Mervyns, pocketing the rest. Sounds to me like Mom might be a bit like my friend....hoping to get some cash out of this cancelled vacation. Everything else about my friend is wonderful, but her love of "free cash" as she calls it is stomach turning.


#3.....you aren't planning on taking the $90 loss right? Not sure what airline it was booked on, but most of them have a cancellation/change fee, and I've seen as high as $150 per ticket, so that loss is pretty much on par I'd say. If they give you any flack, be sure to point out the written policy that most of the airlines have on line.....and I'd throw in a jab at the fact that YOU are doing all the leg work for this so if they thought they could negotiate better perhaps they should have stepped up.

#5....if it's been a month then yeah, I'd stop the extra work. I'd give the tickets back to Grandfather......because again HE is the one you "contracted" with. If Mom balks, I'd flat out tell her that you're very disappointed in how this has been handled by her, and you're doing this to protect your family because of the threats she'd made. Grandfather paid you, you're returning HIS money to him. I'd also make a copy of the tickets that you are returning and ask him to sign for them. If he's a reasonable man he'll understand your trying to protect yourself....if he's not, then all the more reason to insist it be signed for. Not sure if these tickets have identifying numbers on them, but that's what I'd be aiming at copying. Sad to have to go to such lengths to protect yourself, but you'll be glad you did if Mom decides to try to pursue it legally. Of course, if Mom filed suit first thing to do is request a dismissal since Mom wasn't a party to the original transaction, Grandfather was. LOL...that'll piss her off though.

As for the lanyard and pins.....you can certainly use the pins for your family to get a few that they'd enjoy. If your family isn't into pins, then maybe consider donating the set to Give the Kids The World. It's not that huge of a financial loss for you, all things considered, but it could make some kids' trip extra special.....and that can only make you feel better about this whole thing.

I hope that things settle down and you and the girl are able to continue a friendship.....probably not for a while, but I wouldn't write her off completely. Maybe send her a birthday card anyway (non-Disney though, lol)....and keep in touch if only by Hallmark card moments for a while. Sounds like she's set to graduate next year or the year after so once she's out from under Mom she may be grateful for someone like you in her life.

Go forth knowing that you went above and beyond.

 

[Mr. & Mrs. Smith]

I'd give the tickets back to Grandfather......because again HE is the one you "contracted" with. If Mom balks, I'd flat out tell her that you're very disappointed in how this has been handled by her, and you're doing this to protect your family because of the threats she'd made.

Maybe I missed something but what threats are you referring to? I think you may be giving this mother a worse reputation than she deserves. I agree that the money/tickets go back to the grandfather but we haven't heard from the OP that the mother would be upset by this.

 

[aribelle]

Maybe I missed something but what threats are you referring to? I think you may be giving this mother a worse reputation than she deserves. I agree that the money/tickets go back to the grandfather but we haven't heard from the OP that the mother would be upset by this.

I would consider a lawsuit to be a threat. In fact because of THAT particular kind of threat, I'd want to be sure that I crossed all the Ts and dotted all the i's in cancelling out this transaction. And that includes giving any money or things purchased with that money back to the exact person from whom the money came. If Grandfather wants Mom or grandchild to have the money, he can give it to them himself.

I'm not looking to give anyone a reputation, but when a person starts demanding and theatening lawsuits, I also won't give in to their tactics, in fact at that point I'd tend to look towards protecting myself rather than trying to make it right. I think OP has gone way way way above and beyond if she's taken it upon herself to spend hours trying to cancel and resell things. I do totally understand her reasons for doing so, and have done things similiar myself....but once someone starts demanding of my genorosity, I start drawing the line. Perhaps that is just me, but I don't mind giving of myself, but I do mind when it's demanded or expected and I tend to bristle at someone else's nerve in doing so.

Of course, I'm not nearly kind enough to have agreed to take the girlfriend in the first place....I cherish my time with my own children and am reluctant to bring someone else into the equation in such a big event. One day excursions I do all the time, even an occasional weekend....but a whole week or more on something as big as WDW....I'm just not that nice.

 

[Karlzmom]

Seriously they are 17 and 18. If they are broken up and have been fighting for 4 months then my guess is that they need to stay broken up.

I would have never agreed to take the girl in the first place but you did and now you're stuck. Give the kid back her tickets and be done with it. Too bad the Mommy wants cash...she'll get over it.

....and just be grateful that this all happened at 17 & 18, and it only involves a disney trip! This is a great lesson for DS on how breakups can be a painfully, sticky mess & how very important it is to choose very wisely in picking his life partner! Can you imagine dealing with her mom if this was a year down the road and it was a divorce?

 

[Mr. & Mrs. Smith]

I would consider a lawsuit to be a threat. In fact because of THAT particular kind of threat, I'd want to be sure that I crossed all the Ts and dotted all the i's in cancelling out this transaction. And that includes giving any money or things purchased with that money back to the exact person from whom the money came. If Grandfather wants Mom or grandchild to have the money, he can give it to them himself.

I'm not looking to give anyone a reputation, but when a person starts demanding and theatening lawsuits, I also won't give in to their tactics,

I think you are confused or I'm reading and re-reading the OP incorrectly. Nowhere did the OP say that the mother is threatening a law suit. It just says that she expressed that she would like the money back rather than the tickets.

 

[Tink_Or_Belle]

I may be alone in this but if you told her she can no longer come with then I think you owe her a refund.

Midwest airlines said NO REFUNDS but when it was THEIR decision to stop flying from Milwaukee when my flight was scheduled they gave me a full refund.

If you had said I know you broke up and it may be weird but you paid your money you can come with if you want... and she said I don't want to then it would be her problem... if she would still go as a friend and your son said it would be weird so she can no longer come then she deserves her money back one way is her backing out on the trip the other is getting the trip taken away.

 

[Tink030]

I wouldn't do anything at this point. I know teenagers , and they maybe back together in a few weeks or days. I would just wait a little while longer before you do anything and see if they work things out