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lucidtech · Mar 28, 2006, 11:20 AM

I need some legal advice.

Last June I contacted an owner of a domain site and asked if he would be interested in partnering with me. I will build the site and he wouldn't have to do anything. In return he would get a % or revenue. So after 2 months of me working on it, the guy stops returning my calls or emails. There was no written contract, just an exchange of emails and phone calls. He was suppose to get a contract written up while I built the site.

Can I take any legal action against him? We are both in the united states.

ScottGem · Mar 28, 2006, 11:51 AM

First, the e-mails could be used to indicate a tacit contract. But I'm not sure what you think is owed to you. From what I see you offered to build a WEB site on spec. I'm not sure why you did this. Was the domain name one you wanted?

It sounds like he was to allow you to build a site using his domain and he would get a share of the revenues. Is he now, not allowing you access to the domain?

lucidtech · Mar 28, 2006, 12:05 PM

Originally Posted by ScottGem

First, the e-mails could be used to indicate a tacit contract. But I'm not sure what you think is owed to you. From what I see you offered to build a WEB site on spec. I'm not sure why you did this. Was the domain name one you wanted?

It sounds like he was to allow you to build a site using his domain and he would get a share of the revenues. Is he now, not allowing you access to the domain?

Yes I had a great idea for his domain and he agreed it was great. And yeah he is now not talking at all and won't get me access to it. I spent more than 2 months building the site based on the idea he was going to allow me to use it.

RickJ · Mar 28, 2006, 12:06 PM

I think you'll be out of luck here, unless the details were spelled out in the emails - and the language shows that both of you were in agreement.

lucidtech · Mar 28, 2006, 12:18 PM

Originally Posted by rickj

I think you'll be out of luck here, unless the details were spelled out in the emails - and the language shows that both of you were in agreement.

I just don't know what to do. I mean this guy is totally blowing me off. I spent over 12,000 dollars(my development rate).

Do you think I should threaten him with legal action?

Thanks for you input

RickJ · Mar 28, 2006, 12:22 PM

As Scott suggested, it would first depend on the language of the emails... then to boot you'd need to find an attorney who
1. Agreed that it was pursueable, and
2. would take the case.

Was the percentage ever agreed on by him in the email? Can you get in there and nuke the site?

RickJ · Mar 28, 2006, 12:24 PM

PS, can we take a look at the site out of curiosity?

ScottGem · Mar 28, 2006, 12:25 PM

The issue here is what was spelled out in the e-mails. If he agreed to give you use of the domain name in return for a %age of revenues, then you might have a case to force him to turn over access to the name.

But I would think that's ALL you can get from him. I don't see any way to get any reimbursement for your work, since it was done on spec.

lucidtech · Mar 28, 2006, 12:28 PM

Originally Posted by rickj

PS, can we take a look at the site out of curiosity?

I can't get in the site and nuke it. Yeah he agreed to the percentage within the email.

Can I take him to small claims court?

ScottGem · Mar 28, 2006, 12:55 PM

Definitely talk to the Smalls Claims court people. The thing is I'm not sure they can force him to relinquish control of the domain name.

You said you can't get in the site. Is your programming currently on the site? In other words, did you bring the site live and then he cut off access? If that's the case, then you have a pretty good case for monetary damages.

RickJ · Mar 28, 2006, 01:00 PM

I see the biggest problem being that you don't have something to base the percentage you are due on since the guy won't give you the numbers.

That your services would be worth $x is of little matter since the agreement was not based on that.

I see A lot of legal footwork needing to be done to pursue it.

In any event, here's a link to a guy I met on another forum; he specializes in internet legal issues. He may be of some help:
http://www.internetlitigators.com/

excon · Mar 30, 2006, 07:38 AM

Hello Techdude:

Here's your problem. Should you ever get to court, he may very well cave and admit you're his partner, which will get you nothing unless you can prove he made some money, which you probably can't do because he controls the books, and can doctor them if they are subpoenaed.

I don't see you getting any money back, but you might get the domain name. That could be worth your trouble - and it's going to be LOTS of trouble.

excon