If they won't refund your money you should file a paypal dispute ASP to get your money back..
They are willing to refund the money, however, my point is - I want the website and this is why I purchased it. Logs and emails will prove that we had an agreement on the purchase of the website.
Thanks for your comment...
Where are the seller located? (which country) You may have a breach of contract claim against them...
What was the interaction in the emails? Was there an offer for sale by them and an express acceptance by you? Did you write up a contract?..
I saved all emails and logs that effective stated:.
1. The seller made an offer for me to purchase the website.
2. I reviewed the offer and we negotiated price and terms.
3. The seller provided me with paypal email and requested payment for the website with the agreed price.
4. I sent the payment and both seller and buyer received acknowledgement of the transaction from paypal.
5. I received an email from the seller 2 days after the payment stating that they decided not to sell to me.
We did not have a written legal contract. I would think, however, that we had an agreement which effectively becomes a contract (emails and logs).
Just to be clear, they offered the domain for sale and you sent payment. Did you write anything in the memo in your payment via paypal? Or, did you write an email back to buyer saying "sold" or "agreed"? After sending payment, was was the correspondence between you and the buyer? (i.e. did they say, thanks for your payment or anything like that to show they actually accepted the offer?)..
I wrote a memo (in PayPal) saying 'This is for the sale of [websitename], and [another agreed term], and 3 months of hosting'.
The seller was happy upon receipt of payment, and even sold me a new domain that would be great for the website I purchased.
I bought 2 items from the seller that night:.
1. Developed website (topic of this discussion).
2. Domain Name for the website.
Based on all emails and logs, both seller and buyer were satisfied with the transaction.
Thanks for your time...
Xcuze me; meant to start a totally different thread... but was just reading this one and accidentally went through the whole 'reply' process. Never mind...
It looks like in your case there was an offer given. You paid consideration and the real issue is if the payment was accepted.
Follow me for a minute for this hypo:.
I have a domain for sale. Prospective buyer "PB" emails me and asks how much I would like for the domain. I saw it depends, but I would settle for no less than $1500. PB counters with $750 and sends payment with memo saying this is in full payment for the domain. This would not be a legitimate claim because I never accepted the offer for $750.
In your case, the scenario may be different. The main issue is if the buyer offered you a domain for a price, you paid that price, and the payment was accepted. It appears in your case all of these elements have been met. I believe that you could have a strong claim against the sellers, but you should speak with a lawyer for more info on this. It may be worth sending an email asking why they no longer want to go through with the transaction.
If true, state: you offered domain/website for $x. I countered with $y. You agreed to this price $y. I sent payment for $y and you accepted. This as a contractual agreement that you breached. I am entitled to damages for this transaction. [make sure you include citations from past emails to back up each piece of info you are asserting].
How much was the transaction worth?..
The transaction was in the mid xxx.
Thanks for your time on this. I PMd the seller and reminded him that we had an agreement for the sale, and to discuss this issue further.
Is this act a violation of Namepros policies? Can I report it to them so they can act accordingly?..
Is the seller a member here? Is the seller a member of DNOA.org?.
EDIT: Also, do you know if the seller was at least 18 years or older at the time of the transaction?..
Yes, the seller is a member of NP. Based on profile, it does not show membership of dnoa.org.
No, I am not sure that the seller is at least 18 years of age, however, it sounded like he is a principal of the business the website operates on. I checked WHOIS, and the seller is the admin/tech contact at that moment...
I don't see there are any reason why you should be so nervous about this type of issue, because it used to happen to me once before too. Since you said they are willing to refund of your money, then what else is the problem in this case? What kind of the payment method did you use to pay them? paypal, money order or personal check? if you use paypal then I think there are 2 type of pay (instantly pay or echeck?) If you use instantly pay then they should refund you right away or if you use the echeck, I believe there should be at least 3-4 days to allow them to receive your money, of course during this time they still have not receive the real money and still have the right to reject the sell before the money come into their bank, and I don't think there is anything you could do about this case, not even lawsuit them because as the way you said then I don't think they are try to run away with your money or break any signed contract with you at all. So my best suggestion is just wait from your side stats cleared echeck, and see if they refund you or not. I think the paypal service good enough to handle this problem if other side are not refund back to you.
Best luck mate...
He isn't worried about getting his money back. He is worried about getting the site...
First things first in this "scenerio" wuzzyfly:.
IF I understand you correctly you "originally" only made an offer for a coded "website" then was "offered" a Domain to go along with it as well as 3 months of hosting to boot... right?..
THEN they "backed out" of the deal and offered you a FULL "refund"....
IF that is the case This is what I would do....
(keep in mind none of us here are privy to the email negotiations and what each party was thinking etc....) I would accept the refund THEN try to re-negotiate with the company (if they were willing) according to their NEW terms and conditions (whatever they may be) or find another developer *probably the later....
Just my 2 cents.....
If you had a deal you had a deal. You should not have to renegotiate different terms even if they have refunded you. This would be like closing on a house and then the buyer backing out two days later because he thought he could get a better price. It isn't the refund the buyer wants. He wants the house. Additionally, the buyer doesn't want to renegotiate, he wanst the house for the price that was agreed upon...
Especially that I bought the item at their asking BIN price.
Thanks for all the advices.
* I believe they once again sold the website to another person. The individual most likely offered more than the BIN - 2 days after I purchased it from them. *..
If the facts are as stated, fonzie_007 is right. A deal is a deal!.
I think you should contact an admin about this ASAP. Also, if the "seller" does not make it right you should out them to the forum. This is not the kind of individual or business we want here at NP or for that matter, any other forum.
I have seen this happen a bit more than my liking lately. The only way to put a stop to it is make sure the offending parties are made to pay for their actions.
Here is another example of such actions and I assure you I will never do business with robg again if this is what I can expect. http://www.namepros.com/domains-for-...-visitors.html..
Fonzie: I see where you pm'ed wuzzyfly earlier in the thread.. seems like you have more info and know whats going on here more than the rest of us...
Wuzzyfly: You should listen to those NP'ers who are trying to assist you and if Fonzie has already pm'ed you..and given you advice...looks like he has ....then please disregard those of us who "do not have all the facts".....
I was in same of wuzzyfly's possition before, but when I think it back. If they are willing to refund back my money, then I have no problem with that anymore. Because I don't want to waste my time to take on something that can't come to me, I'm rather to use my time to seeking for some other great stuffs out there.
Best .. Jackie..
The only I asked for in my PM was who the offending party was...
No offense intended (hope none was taken).... Good advise was given ... if the offender was a fellow NP'er then I concur that it needs to be reported and the advice given (as posted) was on target....
I think you can only destroy his reputation on this and other forums by showing what he does after sales.
Paypal will 100% back him up as he is willing to refund full amount.
And man he can back up his files and destroy the site himself then say "It was deleted by mistake. Now you want it?".
And you say no.
Then he can again upload the site and say "Oh I found a back up on my old PC".
So I don't see any good and proper ways for getting that site...
If he wants it bad enough, he is a potential breach of contract claim (aka he can sue)...
Fozonie, I just went back read over this entire topic, as wuzzy were talking about that company made decision to stop the sell, which mean not just 1 person make decision. If so, I think that company got some reason inside, once they do it they should know clearly about the rule/policy or any relate of legals issues that they can handle. Then why bother going to sue just a person ?? that doesn't make any sound right to me at all. If he is really going to sue, then he must sue entire that company, but does he knows well about that company ? large or small ? or does he has enough $$$ going to sue in this case ? as nick_mayhem said the paypal should 100% back up that company, since that company is willing to get full refund back. So do you know how many percentage wuzzy will win in this case ? come on man, there are thousands of questions in it. If I was him, I'm just going relax and wait for my refund back like I did it before and invest in something else that should be better than this.
PS: if he is a member of NP, just grade down his reputation so he can't do any business in the N.P's world..
Let me ask one question and then I will shut up. Does anyone else have any experience regarding law and contracts? If so, I would like to hear from you. If not, please don't speculate into areas you are unfamiliar with...
Umm is that you mean if a person didn't know about the law, then can't speak into that area ? if so then I think that's really a silly thought from you fonzie, then why the heck this topic open for ? it's open for advice from anyone willing to give out their words ... with me it doesn't matter you know the law or not, it's from what you think alright !!! I think this topic the staff of NP should delete it, because it's getting non-sense in here...
Why should this thread be deleted, because it's about YOU???? You're not fooling anyone FrankUSA aka CoolGuy503. Nice try at trying to be sly and give all of this "advice".
I'd advise you to issue a full refund immediately to wuzzyfly and avoid getting yourself into a deeper mess. A fraud complaint will also be submitted to Qwest if you fail to comply since you're using their services for illegal purposes...which is clearly against their TOS...