Is it worth pursuing legal action?

[pam]

Someone agreed to purchase one of my domains including all scripts, design and the domain name. He signed a contract stating he'd make the first payment on 6/14. He hasn't paid and hasn't responded to any emails asking what's up.

Amount agreed upon was two grand. Worth pursuing in court?

And no, nothing passed to him. Licenses for the scripts were never transferred, nor had I paid the fees to do so. Domain is still locked and in my name. He never had access to anything.

I wanted to be sure I had at least 50% of the payment before I began transferring the licenses, and the agreement was 24 hours after I received full payment he could request a domain transfer and I would approve it.

[DaddyHalbucks]

Probably not. I assume he lives in another state. Hiring a lawyer would cost more than the possible recovery.

[JuniperPark]

This is why a contact should include a deposit, and a clear explanation that buyer loses his deposit if he 'falls asleep'.

[Momentum]

Yes, great idea Juniper. A deposit will surely help in these kinds of situations. I will have to remember that.

[actnow]

If you did not receive any money. Then, it is not a binding contract.

Basically, you have a letter of intent.

[freestyler]

move on to better things

[Joe]

small claims.

[pam]

Thanks -- he's up in Canada. I've suffered a loss of income due to his breach of contract. He signed a contract stating I'd receive the first payment on 6/14 and didn't -- that is not a breach?

I could go the Small Claims route but he won't show and I'd win by default. I'd then have to pursue him up North and that would probably cost a hell of a lot of money.

The deposit is a good idea, but if he had a few hundred to put up on deposit, he'd not have had to wait a month to make a 'first payment' ..... which never transpired anyway.

I've lost money, I've lost time, and the latter is much more valuable to me in the long run. Now I have to start the search process all over again to find a buyer.

[jberryhill]

"I've lost money, I've lost time, and the latter is much more valuable to me in the long run."

If time is the major part of the loss, then you'd spend more time trying to recover the money.

[pam]

But now I'm pissed off enough to want to waste my time going after him, as long as I recover my two grand

Is it true, John, that a signed contract is worthless unless I have a deposit? From what I've seen of Judge Marilyn Milian, that's not true ......

[jberryhill]

"But now I'm pissed off enough to want to waste my time going after him, as long as I recover my two grand."

That's perfectly understandable.

But what is "worthless" depends on one's definition of "worth". There is oil underground in Oklahoma. Is it worthless? Heck, no, oil trades at around $40 a barrel. But if it is going to cost $50 a barrel to extract the oil in Oklahoma, then there it sits. (divergent rant: That's what's wrong with the whole 'dependence on foreign oil' thing - we can produce plenty domestically, but we can buy it abroad cheaper, so it is rational to buy it abroad. It is just a question of price.)

You have choices about how you want to spend your time. If you can spend a couple of days chasing after that 2 grand, or if you can do something else for a few days which is more profitable, then what are you going to do?

[pam]

Hell hath no fury like a businesswoman scorned



I'm going to go after him, and I have an attorney in mind, I just have to call him as his email has been sitting in my in box for a few days (lashes with a wet noodle welcomed).

[HOWARD]

A contract consists of an offer, an acceptance and consideration passing from each to the other. Without that consideration ($$), the contract is executory at best and unenforceable at worst.

[GeorgeK]

Pam: If it's an adult domain name, posting about the deal gone sour on GFY might be a way to go after him, so that it warns other people about the person.

[pam]

It's sort of adult, and I posted the site for sale on another adult board (not GFY) and he responded. He's not well enough known so a post on GFY wouln't do much good I don't think. And, well, considering the bull**** that's posted there, who knows how many would believe it .....

Well, I guess I can either be pissed about this, or learn from it and move on, and I did learn, so will go begin trying to sell it once again

Too bad I'm not allowed to post it in the "websites for sale" section on this board -- it's a great site and can make a lot of money!

[pam]

Originally Posted by HOWARD

A contract consists of an offer, an acceptance and consideration passing from each to the other. Without that consideration ($$), the contract is executory at best and unenforceable at worst.

Thanks. Should have listened to my mother and gone to law school .......