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Website sale contract

Discussion in 'Sites' started by Big Richard, Dec 31, 2005.

  1. #1
    Not sure if I this should be posted here but:

    I am just in the process of purchasing a website and would like a contract confirming the sale which can be signed by both parties. Does anyone have a template for a contract or know where one can be found? - I'm sure it would be useful to a hell of a lot of people considering the numbr of sites sold around here.

    Thanks
     
    Big Richard, Dec 31, 2005 IP
  2. SonicReducer

    SonicReducer Peon

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    #2
    I think that is a great idea. Especially considering the dollar amounts that some of these site are going for. A contract or at least a bill of sale seems like a necessity.
     
    SonicReducer, Dec 31, 2005 IP
  3. bigp

    bigp Peon

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    #3
    Seems like a great idea! I just finished a transaction, where I thought I was getting exclusive rights to database info, but the seller reused the data. I have no case since he did not promise exclusivity. I'm all for some standard contract - Any lawyers here want to get involved in this??
     
    bigp, Dec 31, 2005 IP
  4. Rod

    Rod Well-Known Member

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    #4
    It's about time people started realising the importance of a contract for selling sites, especially ones with content.

    Here's a great form that I've used from a site that I own. You just need to adapt it for your purposes and seek legal advice if you have any questions.

    http://www.free-legal-formsonline.com/view.php?pdf_id=52
     
    Rod, Dec 31, 2005 IP
  5. Big Richard

    Big Richard Peon

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    #5
    Hi Rod,

    Thanks looks just what I am looking for - however, I paid through paypal and there was no way to (or instruction on how to) download the full document ??

    Got all the confirmation of reciept from paypal etc - So could you help me go from here - I have PM'd you details of paypal transaction.

    I really need this urgently so look forward to hearing from you ASAP.

    Thanks
     
    Big Richard, Jan 3, 2006 IP
  6. raycampbell

    raycampbell Peon

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    #6
    The link is to a domain sale contract. If you are buying or selling an operating website rather than a domain, there will be additional issues not covered there. For example, there might be representations and warranties made by the seller, there might be terms on what happens to any existing advertising or affiliate contracts, there might be something on any trademarks associated with it, there might be something on ownership of any hardware or software used to operate the site, there might be something on ownership of any and all content on the site, there might be something on outstanding liabilities such as debts or possible lawsuits, there might be something in the contract or in a related document about not competing with the site for a period of time, and so on.

    In other words, you have one set of issues that arise if it's just a domain, another set that arise if it is a functioning website at least a turnkey level, and another that arise if it is an actual ongoing business. If there are employees, you get still more issues; ditto with taxes; and on and on and on.

    I think it would probably be possible to do a useful template for a domain name sale, and also for a turnkey website sale. Once you get into something with a revenue stream, customers, and the other attributes of a particularized, functioning business, I doubt that a template could be counted on to address the issues that ought to be addressed because they will vary so much with the facts.
     
    raycampbell, Jan 3, 2006 IP
  7. CalBoy

    CalBoy Peon

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    #7
    There are a few online samples available:
    contracts.onecle.com/tom/bscn.domain.2003.09.26.shtml

    CalBoy
     
    CalBoy, Jan 3, 2006 IP
  8. Rod

    Rod Well-Known Member

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    #8
    Hi Richard, Contract emailed to you. Sorry for the delay from moment of purchase, will fix the site so that the contracts go out automatically.
     
    Rod, Jan 3, 2006 IP
  9. Rod

    Rod Well-Known Member

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    #9
    Can't see anything on that site that relates specifically to domain name sales or to domain name sales with site content.

    Sales of domain names are pretty straight forward, since title is transferred within and amongst domain name registers and whois records all owners.

    However, domain names that have become websites full of content are another issue entirely. There are copyright isues with logos, text, images, and design. Lots of sales take place on this forum wiythout any regard to these issues.
     
    Rod, Jan 3, 2006 IP
  10. asr_guy

    asr_guy Peon

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    #10
    Basically you are buying a business with all the assets and same concerns re ownership, liabilities, outstanding legal issues, claims, liens, etc. There are probably some legal templates for business purchases - start with those and then add in any extra cyber bits and internet concepts that are not covered like "account banned at Google" etc.

    Maybe Amazon has such a legal template package, or search online, or check with a lawyer familiar with the net and business purchases.

    Regards,
    Peter
     
    asr_guy, Jan 6, 2006 IP
  11. chiquito

    chiquito Well-Known Member

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    #11
    i need a good contract to sell my shop, where i can get a sample ?/

    thnx
     
    chiquito, Apr 13, 2009 IP
  12. whatadeals

    whatadeals Peon

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    #12
    you may need to use escrow.com
     
    whatadeals, Apr 13, 2009 IP