Selling a website - what should be in the contract of sale?

Discussion in 'Legal Issues' started by redspan, Apr 13, 2010.

  1. #1
    Hi,

    I have a potential buyer for a .co.uk website. I have drawn up a list of what I'm selling in terms of the domain name, database, software license, support etc. and I've confirmed with the software vendor that the licences will be valid for the new owner.

    Does anyone know of a cheap and safe way of creating a contract of sale that is fair for both seller and buyer?

    I've tried a solicitor and the quote was in four figures + tax!

    TIA
     
    redspan, Apr 13, 2010 IP
  2. RonBrown

    RonBrown Well-Known Member

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    #2
    If you want it to be air-tight, with clear responsibilities and no come-back, that might be what you have to pay - especially if the solicitor has some expertise in that field. A general solicitor may not be a good thing because it's unlikely he will not fully understand the technology or the concept of what you are doing.

    Contract law can be extremely complicated, but the over-riding assumption in Common Law in "caveat emptor" (buyer beware) when it comes to business-to-business transactions. If you are selling to an individual (not a commercial enterprise) you have to be a lot more careful because consumer legislation is particularly strong.
     
    RonBrown, Apr 13, 2010 IP
  3. Dreamerr

    Dreamerr Peon

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    #3
    Google for a boilerplate contract that is close to what you want and then adjust it to your own needs.

    Your city may also have free resources for small businesses that could be helpful.
     
    Dreamerr, Apr 13, 2010 IP
  4. Imbo

    Imbo Member

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    #4
    Here is a basic bolierplate contract http://www.timothywalton.com/DNSK.pdf . Download it and edit it to your specific transaction. Be sure to put how the funds are transfered, the amount, files and associated content that will be transfered. In addition to support you will be offering to transfer the files and the timeframe to bring any issues up. (the last thing you want is for the purchaser to contact you 6 months later and complain things aren't setup properly after they screwed things up).
     
    Imbo, Apr 16, 2010 IP
  5. itmedia

    itmedia Peon

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    #5
    do a search in google for sample contracts
     
    itmedia, Apr 17, 2010 IP
  6. pannelli

    pannelli Peon

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    #6
    A Sale or Purchase Agreement from WebSiteAgreement.com should be used in ALL domain name sales. If you are buying or selling a domain name, website or any online business, you should know that you MUST use a legally binding agreement!
     
    pannelli, Apr 22, 2010 IP