Buyer paid for the website and disappeared. Can I sell it again?

Hello guys,

I had an auction on flippa and someone bought a website from me. He paid and then disappeared. I am writing to him every day asking to tell me where I should transfer the website, but no reply.

It has been like 2 months by now.

When can I legally resell the website? Or I have to wait for him forever? Also the domain name is going to expire soon, do I have to pay for it too?

I really don't know what is the legal way to deal with it.

Thanks!

 

As for the legal specifics, I will not speculate, but if you, for instance, had had a "buyer has to take ownership within two weeks" or similar text in your auction, you would be on safer ground. Also, at least in my country, if you give the buyer notice, in an email saying "I have now tried for two months to get this issue resolved. You have two weeks from this date to take ownership. If that doesn't happen, the site and domains defaults back to me, to be sold again". If the buyer then doesn't reply or take ownership, you should be mostly free to sell it again. However, I'm not a lawyer, and it might be different laws in your country regulating this, so I would check with a lawyer just to be sure.

 

Push the domain transfer to his email address, if it expires its out of your hands at that point.

 

How can I do that? I have now idea what his domain registrar is. There is just no way to push...

 

I would just push it on yours... look on paypal for a number or address for him.

 

car accident? Seriously ill?

Do what was suggested above and check with Flippa. If you do sell it again, it will be Flippa that they will file a complaint with; so get their permission to sell it again.
Maybe be prepared to refund the money if you do resell - or even give Flippa it to keep in escrow
Keep screenshots of your attempts to communicate with them.

Above all stay classy and do everything legit. be guided by Flippa as I sure his sort of them has happened many times before.
Technically you do not own it anymore as it sold; technically if you sell something that you do not own, then that is fraud and illegal etc ... so do it properly.

 

I already found the answer. It's called uncollected goods. As per Australian law, I have to give a notice to the customer about intention to dispose the goods (website). If the goods remain uncollected after 28 days of that notice, they may be disposed of in any such manner as the trader considers appropriate. Just sent him a notice and gonna wait 28 days!

 

Well there is a difference between disposing and reselling.

 

I would not sell it again. Disposing is not the same as reselling. He legally owns it since he paid for it. You no longer own it. Disposing would be something like deleting it from your hosting account.

I would personally save a copy of the site in case he later does a chargeback. At that point ownership would convert back to you and you could resell it.

I'm not a lawyer so the above is just personal opinion and not legal advise.

Re's
Rob Whisonant

 

I agree with rob, he paid for it, so it is his regardless, dead or alive.
However, I would hang onto the files for a bit longer in the event
you see a surprise chargeback.

I suspect something may have happened to the buyer...
either way, you got paid, so let it be, and move on....

It could also have been fraud also, and the buyer is afraid to
use his email to take possession, and this is why i say
hang into everything for a few months just in case you
see a chargeback come through, and it is possible; Not
even I look at my bank statements every single day.....

If you really want to be safe, then issue a refund to the
buyer since he has not responded, then start over again....

 

what about a refund? because at the end of the day, you want the butter and the milk, if you refund the lad, what can be done since he hasn't paid anything, also, unless he is not from your country, what else can he do? nothing much

 

Good to know you already found the answer.

I had a similar situation.
All I did is change the logo, color scheme and domain name and resold it. For a higher price because it was already launched
Fun times)

 

I didn't think Australian law covered flippa being an overseas site?

 

I think the law applies where you are not flippa

 

From my experience around consumer law here in OZ, specifically around warranty claims, it never applies if we bought something from on offshore site. Doesn't matter if I am here.

I can't see how this would be treated any differently? I'm not legal eagle so happy to be wrong.

 

i think the seller is in OZ, not the buyer

 

Yes he is but the platform/service he used is not. At a guess, I would suggest that flippa is governed by the laws in the country it operates out of and pretty sure it's not OZ.

If I was to use an analogy....If you bought something from England of AliExpress which came from a Chinese seller. How much luck do you think you would have trying to impose local consumer laws on that seller?

 

Yes, but as you bought directly from the Chinese guy, it would the laws of where he is located if you tried to file a claim against him.

 

OK maybe not a great analogy as both platform and seller are in the same country. lol
But the law as I understand it would be based on where that selling platform is, not where the buyer/sellers are. Well, that is certainly how warranty issues have been here in OZ anyway.
My own experience in OZ:
I bought a Neato robot vaccum of amazon via a EU seller. I had problems, consumer law in OZ said tough luck it wasn't bought here in OZ take it up with Amazon (US).
I bought a LG robot vacuum here from a local OZ retailer, consumer law is on my side.

Perhaps someone that is more well versed with these things can provide some clarity.