Advice Needed: Sold My Website - Do I need To Give All My Articles As Well?

28 replies
Hi Guys,

I have a little problem. I sold my website some time ago. According to the contract, the buyer got my website, domain, my products, my website content and my email list.

I transferred all I had to the buyer. Then after some time he asked me to transfer my EzineArticles articles to him. I agreed, but Ezines did not let do that. Then I asked maybe we could get the whole Author account transferred. Nope, cannot do.

The buyer has already paid me biggest part of the money by Escrow, but does not want to close the contract because he wants my articles as well.

Now, he says, as about 50% of the traffic is coming from Ezines and we cannot transfer them to him, he either wants me to give my WHOLE EZINES ACCOUNT to him, or we should reduce the price 50% because ezines makes 50% of the traffic.

Once again, there is nothing about the articles on the contract. If I wanted to sell my Ezines account, I would charge for it! Why would I give it away for free as a bonus for the website purchase?

Please let me know what you think, and any suggestions on what I should do. I do an honest business, and am trying to be honest. But this is too much I think.

Thank you!
Alex
#advice #articles #give #needed #sold #website
  • Profile picture of the author Tina Golden
    As long as you don't change the links in the resource box, the traffic will still come from EZA. If the original agreement didn't include the EZA articles, you don't have to give them to him.

    The only way I know of to transfer them to him would be for you to delete them from your account and send them to him. Then he would have to submit them in his own name. There's no guarantee that they would accept them or get the same traffic so that would be short-sighted of the buyer.

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    • Profile picture of the author JohnMcCabe
      Originally Posted by TMG Enterprises View Post

      The only way I know of to transfer them to him would be for you to delete them from your account and send them to him. Then he would have to submit them in his own name. There's no guarantee that they would accept them or get the same traffic so that would be short-sighted of the buyer.

      Tina
      It would serve the greedy buzzard right. Teach him to be careful what he asks for...

      On a more practical note, I imagine that he simply wants to be sure that the links that provide half of the site's traffic stay intact.

      In an effort to be reasonable, I would offer him a rider on the contract specifying that the links on currently existing articles which point to the site in question would continue to point to that site. That rider would be delivered on receipt of payment in full.

      Failing that, contact the escrow company and let them know that you have fulfilled the terms of your contract. They should release any payments they are holding to you. Escrow protection works both ways...

      If I was ticked off enough, and it were an option, I would write off the unpaid portion as a bad debt and report it to the relevant credit reporting agencies.
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      • Profile picture of the author Alex Williams
        Wow, thanks for your replies!

        I am glad I am thinking right. I was offering him to keep the articles as they are, which would be a bonus to him as it was not on the contract. But he says it`s OWNERSHIP that matters. Whatever. He can buy the ownership if that`s so important - I will offer the account to him as an option.

        Hopefully he does not run away without paying the rest or if he does, I will really contact Escrow.

        Thanks again!
        Alex
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        • Profile picture of the author theimdude
          In all fairness - When you sold the website you knew the ezine articles was bringing in 50% of the traffic - so have a heart as you got your money so give it to the buyer. Reverse the situation and how would you feel?
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          • Profile picture of the author JohnMcCabe
            Originally Posted by theimdude View Post

            In all fairness - When you sold the website you knew the ezine articles was bringing in 50% of the traffic - so have a heart as you got your money so give it to the buyer. Reverse the situation and how would you feel?
            If the EZA account only had articles relating to the site that was sold, I might agree with you. If you caught it in the original post, the EZA account has articles totally unrelated to the sale. Why should he turn those over, especially for free?

            It also sounds like the buyer is trying to bully him by withholding final payment until he turns over his EZA account.

            How would you feel if someone tried to do that to you?
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          • Profile picture of the author Taylor French
            Originally Posted by theimdude View Post

            In all fairness - When you sold the website you knew the ezine articles was bringing in 50% of the traffic - so have a heart as you got your money so give it to the buyer. Reverse the situation and how would you feel?
            That makes no sense. He doesn't need to transfer the account to him for the articles to still bring traffic to the site.

            Why should he give up his entire account, including all of his own articles, when he can just leave the articles intact with the links pointing to the site and the buyer will still get the same traffic?
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            • Profile picture of the author theimdude
              Originally Posted by Taylor French View Post

              That makes no sense. He doesn't need to transfer the account to him for the articles to still bring traffic to the site.

              Why should he give up his entire account, including all of his own articles, when he can just leave the articles intact with the links pointing to the site and the buyer will still get the same traffic?
              Actually Alex is not very clear on if the account have other articles as well but then he will have to make some agreement concerning the articles. It doesn't sound like the buyer is after the whole account but having security knowing that those articles point to the website as it contribute 50% traffic.

              Traffic = money

              In all things there is 2 sides of a story.
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              • Profile picture of the author Taylor French
                Originally Posted by theimdude View Post

                Actually Alex is not very clear on if the account have other articles as well but then he will have to make some agreement concerning the articles. It doesn't sound like the buyer is after the whole account but having security knowing that those articles point to the website as it contribute 50% traffic.

                Traffic = money

                In all things there is 2 sides of a story.
                "he either wants me to give my WHOLE EZINES ACCOUNT to him"

                I don't know why the OP would be worried about handing over his account if the articles that point to that site were the only ones on the account. Otherwise, it wouldn't be a problem.

                As for the security of knowing they point to the site, that wasn't part of the original offer, anyway. Period. End of story. Yes, he agreed to transfer it, but that was only after the agreement for the sale had been made according to the OP. So contractually I don't believe the OP has any legal responsibility to hand over the account just for the sake of the buyer's "security".

                Morally, perhaps, he should keep the links pointing to the site. But legally, I don't believe the buyer has any actual rights to the account or even the articles. Unless of course it was specifically offered in the sale details up front.
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              • Profile picture of the author theultimate1
                Originally Posted by theimdude View Post

                Actually Alex is not very clear on if the account have other articles as well but then he will have to make some agreement concerning the articles. It doesn't sound like the buyer is after the whole account but having security knowing that those articles point to the website as it contribute 50% traffic.

                Traffic = money

                In all things there is 2 sides of a story.
                This, and may be, Alex's client also wants his name on the resource box (makes sense to me... give it a thought, guys). There has to be some way out - Alex, please contact EZA.. maybe they can help. I'm not suggesting selling the account though.
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                • Profile picture of the author Alex Williams
                  Originally Posted by theultimate1 View Post

                  This, and may be, Alex's client also wants his name on the resource box (makes sense to me... give it a thought, guys). There has to be some way out - Alex, please contact EZA.. maybe they can help. I'm not suggesting selling the account though.
                  The buyer does not want to change the name in the resource box, because the name is pretty known already, all the emails, etc are being sent under that name.

                  I contacted EZA not less than 5 times. I really did put effort in getting those articles transferred, because I would like him to have them. I understand that he wants to have them, and I really do not need them any more.

                  But the problem is, seems that there is NO WAY to do that. And he suggests to give my whole account to him, which I do not want to do.

                  Alex
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          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by theimdude View Post

            In all fairness - When you sold the website you knew the ezine articles was bringing in 50% of the traffic - so have a heart as you got your money so give it to the buyer. Reverse the situation and how would you feel?
            That's ridiculous.

            #1 - He doesn't have sh*t. The buyer hasn't paid the full amount and has not released the money, even though he already has everything he was supposed to get.

            #2 - The articles were not in the contract

            It's pretty obvious the seller is willing to keep the links to the articles, which would be the only concern I would have, and it's pretty obvious that this buyer is a scam artist, trying to get out of paying for 50% of the product he bought.

            Just remember, if this falls through, keep all this documentation and issue a DMCA notice if he attempts to use the site. I have a bad feeling about this buyer. I would never have transferred a thing to him until escrow.com had every penny of the money in it.

            If you need a sample DMCA, there's one on domainingdiva.com about 3rd post down you can use. Works like a charm.
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            • Profile picture of the author Alex Williams
              Thanks sbucciarel.

              Escrow DO have all the money. But the buyer has released just about 70% yet.

              So I think I could actually request Escrow for the rest, as the contract is completed (although the buyer wants it to be completed only after I transfer the articles)? I have the contract and all the emails with the buyer.
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              • Profile picture of the author sbucciarel
                Banned
                Originally Posted by Alex Williams View Post

                Thanks sbucciarel.

                Escrow DO have all the money. But the buyer has released just about 70% yet.

                So I think I could actually request Escrow for the rest, as the contract is completed (although the buyer wants it to be completed only after I transfer the articles)? I have the contract and all the emails with the buyer.
                Good ... glad all the money is in escrow. If you have fulfilled your end of the contract, pursue it with Escrow.com. You could tell the guy that you're willing to amend the contract to include leaving the links in the articles.
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              • Profile picture of the author JohnMcCabe
                Originally Posted by Alex Williams View Post

                Thanks sbucciarel.

                Escrow DO have all the money. But the buyer has released just about 70% yet.

                So I think I could actually request Escrow for the rest, as the contract is completed (although the buyer wants it to be completed only after I transfer the articles)? I have the contract and all the emails with the buyer.
                That's the reason to use an escrow service.

                As a buyer, you're protected from sellers who, for whatever reason, don't keep their part of the bargain.

                As a seller, you're protected from sellers who, for whatever reason, fail to pay you when you fulfill the terms of the deal made.

                Contact Escrow and let them know there is a problem, and that while you are trying to resolve it, you have fulfilled your contract and are claiming the remaining payment. Offer them your documentation to prove it. But get it on record that you believe you deserve the remaining payment.
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            • Profile picture of the author Diana Lane
              I have a vague memory of a discussion here on the forum somewhere* (maybe on the old one), where it was established that eZineArticles would delete articles anyway if they discovered that you'd sold the site that the resource box links pointed to - something to do with EZA's unwillingness to be seen as link peddlars. In the thread that I remember, this had actually happened to someone after EZA had seen the site sold (on Sitepoint, I think).

              Unless I dreamt the whole thing, Chris from EZA even came on to the thread to defend their stance. Perhaps it's changed, perhaps it changes with the wind, but if my fertile imagination didn't make all this up then your buyer risks losing the links altogether if he doesn't keep his lid on.

              *Am I the only one who remembers this thread?
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              • Profile picture of the author sbucciarel
                Banned
                Originally Posted by Diana Lane View Post

                I have a vague memory of a discussion here on the forum somewhere* (maybe on the old one), where it was established that eZineArticles would delete articles anyway if they discovered that you'd sold the site that the resource box links pointed to - something to do with EZA's unwillingness to be seen as link peddlars. In the thread that I remember, this had actually happened to someone after EZA had seen the site sold (on Sitepoint, I think).

                Unless I dreamt the whole thing, Chris from EZA even came on to the thread to defend their stance. Perhaps it's changed, perhaps it changes with the wind, but if my fertile imagination didn't make all this up then your buyer risks losing the links altogether if he doesn't keep his lid on.

                *Am I the only one who remembers this thread?

                That makes it even trickier to include anything at all in the contract about articles. EA can delete the articles any time they want to. There's no guarantee that those articles will still exist a month from now. I would just pursue this with escrow and tell the guy that as long as EA keeps the articles there, you'll leave the links there.
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              • Profile picture of the author kevin campbelle
                Originally Posted by Diana Lane View Post

                I have a vague memory of a discussion here on the forum somewhere* (maybe on the old one), where it was established that eZineArticles would delete articles anyway if they discovered that you'd sold the site that the resource box links pointed to - something to do with EZA's unwillingness to be seen as link peddlars. In the thread that I remember, this had actually happened to someone after EZA had seen the site sold (on Sitepoint, I think).

                Unless I dreamt the whole thing, Chris from EZA even came on to the thread to defend their stance. Perhaps it's changed, perhaps it changes with the wind, but if my fertile imagination didn't make all this up then your buyer risks losing the links altogether if he doesn't keep his lid on.

                *Am I the only one who remembers this thread?

                I remember a discussion or two about this as well so you are not alone. I wish I could find the thread(s) though.

                Kevin.
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  • Contracts are contracts. If it's not in the agreement then what you do is up to you and not required. That's the whole point.

    If you have no intention of removing the articles then there should be no problem to the buyer. Live and learn.
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  • Profile picture of the author sbucciarel
    Banned
    I would tell him that the articles were not in the contract and that you will agree to keep the resource boxes the same on the articles, but if that isn't good enough, no deal. Only problem is, you've already transferred everything to him. How does that work if he doesn't keep his end of the deal. You could offer to sell him the whole account, but this guy is sounding kind of scammy to me.
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  • Profile picture of the author timpears
    You are in a no lose situation here. I would offer him these two choices.
    1. Let the articles stay where they are and you will leave the links intact and he can continue to get the traffic.
    2. If he instists on getting the articles, then the only way to do it is for you to delete them from your account as EZA will not allow you to assign them to him, and he can do as he chooses with them.

    The second option, if that i what he wants will leave him not being able to publish them on EZA as they would be duplicate content. Once you delete an article, in my experience, you get a message telling you that you may not publish the article again to EZA. I have tried to delete mistakes and have had that message so that title and the article may not be used in the future, even by me. So they damn sure will not allow him to use them.

    So what does he want, the traffic that the site is getting from the articles, or the articles. The articles are not part of the contract, so he has no claim to them, but being the wonderful person you are, you are willing to compromise on this point, as long as you get your money.

    Good luck.
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    • Profile picture of the author Taylor French
      Originally Posted by timpears View Post

      You are in a no lose situation here. I would offer him these two choices.
      1. Let the articles stay where they are and you will leave the links intact and he can continue to get the traffic.
      2. If he instists on getting the articles, then the only way to do it is for you to delete them from your account as EZA will not allow you to assign them to him, and he can do as he chooses with them.

      The second option, if that i what he wants will leave him not being able to publish them on EZA as they would be duplicate content. Once you delete an article, in my experience, you get a message telling you that you may not publish the article again to EZA. I have tried to delete mistakes and have had that message so that title and the article may not be used in the future, even by me. So they damn sure will not allow him to use them.

      So what does he want, the traffic that the site is getting from the articles, or the articles. The articles are not part of the contract, so he has no claim to them, but being the wonderful person you are, you are willing to compromise on this point, as long as you get your money.

      Good luck.
      This.

      He can either be reasonable and keep the links intact, or be a rude jackaninny and lose them.
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      • Profile picture of the author Alex Williams
        Thanks everybody, I appreciate your advice.

        Yes, I have other articles on my EZA account, not only the ones pointing to the website I sold. Additionally, I have some Author Status on EZA, which has to be earned. So if I get a brand new account for me, I would have to write a bunch of high quality articles so I get to the same level. And this would either require lots of time, or money to outsource.

        Even if the articles on my EZA account would be the only ones on the account, the Author Status is something I would not like to lose.

        Anyways, I really would not like to give him my whole account, no matter how many websites those articles are pointing to. He wants not the articles, he wants the OWNERSHIP.

        And I do understand him, but I would keep those articles there without any problems.

        I let him know this, we`ll see what he responds.

        Thanks again,
        Alex
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  • Profile picture of the author DogScout
    Send him copies of the articles on the site. Then say you for-filled his extra request, he has the articles . If he trys to game you, get you 2nd half then delete the articles in your account.
    If he is reasonable keep them there.

    jerk. (not you, him, Lol.)
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  • Profile picture of the author kislany
    When I sell a site I always mention to them beforehand that all backlinks from any articles I have won't be changed to some other links to other sites later on. This works all the time and never had such a request from any of my buyers. Sometimes they do ask me to confirm that I will always keep the links to their sites, and I always confirm it so that usually makes them feel totally at ease with the transaction.
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  • Profile picture of the author Simon Ashari
    Get the money from escrow...

    then offer him to keep the links pointed to the site... (for a fee).

    Him demanding a 50% discount is a joke.


    good luck, hope you get your money, and keep us posted.


    regards

    Simon
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    • Profile picture of the author Alex Williams
      Hey all,

      I got a little update. The buyer refused to close the contract if he does not get the articles. Well first I thought ok, let`s just finish this. But took a little time to think later on.

      I talked to Escrow on the phone, explained the situation. The bottom line is that if we start to argue, we`d get involved in an endless process... so it would be better for all of us to get some resolution.

      I have spent days on transferring it all to him and making videos and documents of how the whole thing works. Stopping the process now means I would need ask for a compensation for my time, and even more - he now had all my info, and could easily copy it all to make a similar business himself. So this would really not be an option for me.

      So I suggested to turn over the ownership of my EzineArticles account to the buyer only if I could get a new account created, with my account status and the articles I need.

      I provided the list of keywords the articles should be optimized for, and hopefully that guy will be quick with cranking those articles for me!

      That is the story. I wish we could just have those articles transferred through Ezines, but now we had to go through this time consuming, and nerve wracking event.

      Hopefully other people can learn a thing or two from this situation

      Thanks for your suggestions and support.
      Alex
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  • Profile picture of the author sbucciarel
    Banned
    Did you sell this on Flippa? The one thing I learned from this is there is no real seller protection if someone can hold up the money endlessly and at the same time, break the contract. I'd like to know his name so I will never sell him a site. PM would be fine if you're ok with it.
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