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

Discussion in 'Legal Issues' started by starlightmg, Jul 28, 2016.

  1. #1
    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!
     
    starlightmg, Jul 28, 2016 IP
  2. PoPSiCLe

    PoPSiCLe Illustrious Member

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    #2
    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.
     
    PoPSiCLe, Jul 28, 2016 IP
    matt_62 likes this.
  3. pmf123

    pmf123 Notable Member

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    #3
    Push the domain transfer to his email address, if it expires its out of your hands at that point.
     
    pmf123, Jul 28, 2016 IP
  4. sarahk

    sarahk iTamer Staff

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    #4
    I'd check with flippa about the terms that you are obliged to apply to at their end and to create a "paper trail" in case there's a problem in future.
     
    sarahk, Jul 28, 2016 IP
  5. starlightmg

    starlightmg Greenhorn

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    #5
    How can I do that? I have now idea what his domain registrar is. There is just no way to push...
     
    starlightmg, Jul 29, 2016 IP
  6. pmf123

    pmf123 Notable Member

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    #6
    I would just push it on yours... look on paypal for a number or address for him.
     
    pmf123, Jul 29, 2016 IP
  7. Agent000

    Agent000 Prominent Member

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    #7
    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.
     
    Agent000, Jul 29, 2016 IP
  8. starlightmg

    starlightmg Greenhorn

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    #8
    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!
     
    starlightmg, Jul 29, 2016 IP
  9. dcristo

    dcristo Illustrious Member

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    #9
    Well there is a difference between disposing and reselling.
     
    dcristo, Jul 29, 2016 IP
  10. Rob Whisonant

    Rob Whisonant Well-Known Member

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    #10
    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
     
    Rob Whisonant, Jul 29, 2016 IP
  11. dscurlock

    dscurlock Prominent Member

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    #11
    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....
     
    Last edited: Sep 17, 2016
    dscurlock, Sep 17, 2016 IP
  12. IG2010

    IG2010 Well-Known Member

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    #12
    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
     
    IG2010, Oct 5, 2016 IP
  13. Bob tha Builder

    Bob tha Builder Greenhorn

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    #13
    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)
     
    Bob tha Builder, Dec 9, 2016 IP
  14. geeklingo

    geeklingo Member

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    #14
    I didn't think Australian law covered flippa being an overseas site?
     
    geeklingo, Dec 10, 2016 IP
  15. pmf123

    pmf123 Notable Member

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    #15
    I think the law applies where you are not flippa
     
    pmf123, Dec 10, 2016 IP
  16. geeklingo

    geeklingo Member

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    #16
    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.
     
    geeklingo, Dec 10, 2016 IP
  17. pmf123

    pmf123 Notable Member

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    #17
    i think the seller is in OZ, not the buyer
     
    pmf123, Dec 10, 2016 IP
  18. geeklingo

    geeklingo Member

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    #18
    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?
     
    geeklingo, Dec 10, 2016 IP
  19. pmf123

    pmf123 Notable Member

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    #19
    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.
     
    pmf123, Dec 10, 2016 IP
  20. geeklingo

    geeklingo Member

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    #20
    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.
     
    geeklingo, Dec 10, 2016 IP