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Thread: Do you have to use a contract of sale when selling sites on Flippa.com?

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    Do you have to use a contract of sale when selling sites on Flippa.com?

    After the buyer has won the auction, I understand that you are legally obliged to sell it to him. However, are you legally obliged to enter into a contract? Or can you refuse the use of a contract?

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    Administrator Clinton is a Premium Member
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    That is a tricky one, actually.

    A contract in these situations is one that is negotiated between the two parties. There's some give and take on the contract terms till both seller and buyer are happy with the wording.

    If you haven't been presented with a copy of the contract prior to bidding you may be well within your rights to refuse to accept specific terms. However, I don't believe it would be reasonable to refuse to enter into a contract (as you are already in one). That "being legally obliged to sell" is a contract in itself.
    If you're new to buying / selling websites, please read this first.

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    Clinton's on the money here. Just because you don't have a signed document doesn't mean that you don't have a contract. Not sure about other countries but in the UK the promise to provide a service or good/right in exchange for money is a binding contract in many instances, and with it all being logged on Flippa you have a wealth of evidence if things do go south should you want to take it through the courts.

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    aka "bryanon"
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    Quote Originally Posted by mgallone View Post
    ...and with it all being logged on Flippa you have a wealth of evidence if things do go south should you want to take it through the courts.
    Evidence about the transaction - sure.
    But what Flippa don't ask/require is little unimportant details such as parties' full names (!), contact details, even the country of residence.
    Unless the other party chooses to voluntarily disclose their details, all you (and Flippa) have is their e-mail address and the phone number that they used when verifying their account.
    Based on this I would be EXTRMELY surprised if any deal made via Flippa ever ends up in court.

  5. The Following 2 Users Say Thank You to Bryan For This Useful Post:

    Clinton (17 November 2010), mgallone (17 November 2010)

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    That is a very good point, and something I had overlooked. It would of course be vital to get hold of this information before proceeding with any transaction.

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