Sold a Website - Was Paid Through Paypal - How to Protect Myself from a Refund

55 replies
Recently I sold a website on Flippa.com for $7000. This purchase ranks at #1 for the largest sale I've ever had online.

I haven't sent the guy the website yet because he paid with an eCheck. It should clear on Monday.

But here's what makes me nervous. You see, it wasn't too long ago that I sold a website for $150, sent the buyer the website, and then they immediately turned around and had his bank reverse the payment and I lost the site and money. I sent all related documentation to PayPal and they of course ruled in favor of the buyer.

So HOW should I protect myself from this major $7,000 purchase? I want to make sure that when I send this guy the website on Monday when the check clears, that he's not just going to turn around and file for a refund with his bank on Tuesday.

Is there anything that I can legally do that would ensure that I would not get the shaft when PayPal "conducts their worthless investigation and rules in favor of the buyer" as they always do...?

Any ideas or suggestions are welcome. I want to make sure I have all my ducks in a row before I hand off this valuable website.

Thanks!
#paid #paypal #protect #refund #sold #website
  • Profile picture of the author kvnkane
    use escrow in future. paypal are useless with sales todo with websites. it is a big purchase so im sure the person involved it serious about keeping his new website, so you should be fine. however if he does scam you, you should look into getting a small claims lawyer involved but this can be costly.

    i hope you all the best. keep us updated
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  • Profile picture of the author Steve Mount
    Yeah I think I'm going to use Escrow.com in the future. Are they pretty good about protecting both the buyer and seller?
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    • Profile picture of the author Steve Mount
      I'm wondering if I should ask the buyer to sign a letter or something, through the mail, so that I have something on file in case he does try to reverse the payment...

      I mean honestly, he probably wont try to reverse the payment. However, I've been burned in the past dozens of times, and I guess I'm just paranoid now! LOL
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    • Profile picture of the author bluewillow
      I used Escrow.com when buying domain names for a client, and they worked out just fine. No problems. They hold the $$ until the product is delivered. They are involved in each step. Both parties play by escrow's rules.

      I liked them.
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  • Profile picture of the author Kim Standerline
    Why don't you tell him your not going to hand the domain over until the possibility of him reversing the payment has passed.

    Kim
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  • Profile picture of the author sbucciarel
    Banned
    It's too late to use escrow.com, but you should never do a Paypal transaction for that amount for a digital good. Make a complete copy of the website on a CD. Request his address and send him the website via certified mail. Then it is no longer digital goods.

    Get one of Flippa's website contracts. Make him sign it and send it to you via fax or mail .. anything with a signature.

    Those two things might save your butt this time.

    You can also hold the domain for 46 days. I've done this, but the other two things should protect you.
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    • Profile picture of the author Kim Standerline
      That's an excellent idea

      Kim

      Originally Posted by sbucciarel View Post

      It's too late to use escrow.com, but you should never do a Paypal transaction for that amount for a digital good. Make a complete copy of the website on a CD. Request his address and send him the website via certified mail. Then it is no longer digital goods.

      Get one of Flippa's website contracts. Make him sign it and send it to you via fax or mail .. anything with a signature.

      Those two things might save your butt this time.

      You can also hold the domain for 46 days. I've done this, but the other two things should protect you.
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    • Profile picture of the author Karan Goel
      Great idea. You can also sign a "video contract". Much more solid.

      Karan

      Originally Posted by sbucciarel View Post

      It's too late to use escrow.com, but you should never do a Paypal transaction for that amount for a digital good. Make a complete copy of the website on a CD. Request his address and send him the website via certified mail. Then it is no longer digital goods.

      Get one of Flippa's website contracts. Make him sign it and send it to you via fax or mail .. anything with a signature.

      Those two things might save your butt this time.

      You can also hold the domain for 46 days. I've done this, but the other two things should protect you.
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      • Profile picture of the author Kay King
        I'd try for the contract and delay pushing the domain a bit.

        However, what this does is impose requirements on the buyer that were not part of the sale.

        You are understandably worried about the buyer - but he could easily become worried about your honesty if he has paid and received no site.

        I think echecks are held for a speicific number of days at paypal - a call to PP after "clearing" might be good to see if there is still a chance of NSF or not.

        kay
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        • Profile picture of the author ARVolund
          Depending on if you specified exactly how the transfer was going to take place then sending the site files on a disk via certified may not really be an issue. As soon as payment clears then send it out, as soon as you have an online confirmation that he has signed for the disk you can push the domain name over.

          This should cover you with Paypal and since it is an e-check you do not have to worry about him doing a charge back from his cc company.

          I have to agree that in the future I would stay away from using Paypal with amounts that high. Even if you do everything correctly but the buyer funds with a cc you could be on the hook for months and Paypal will not fight chargebacks.
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  • Profile picture of the author Ti
    I'm in the business of buying/selling/building large websites, often being in the 6-7 figure range, with my last website I sold being well in excess of a mil. I've pretty much seen it all, and above anything else, 4 big rules will apply:

    #1 - Make sure everything is in a contract executed by both parties.
    #2 - Require the payment transaction to be done via bank wire.
    #3 - Deal with companies that are located in your country of origin, for legal purposes.
    #4 - Require that the asset transfer be done after a verified bank wire transfer.

    The #3 part offers protection, with the potential buyer having many avenues of recourse due to the information in #1.

    The #4 offers the seller protection because, due to how the technology works, the risk is far in excess to the seller than to the buyer, and in the case of website sales, the buyer needs to understand the risk and be the initial point of action.

    #2 needs to occur versus check (which can be redacted), versus Paypal (easily reversed with a few mouseclicks), and versus escrow (which offers little protection to the seller). Bank wires are not reversible under nearly all conditions.
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    • Profile picture of the author Jesus Perez
      Spot on. Bank wires cannot be reversed. Once the money is transferred...it's done. With signatures in place, your butt is gold in any court of law.

      Originally Posted by Ti View Post

      I'm in the business of buying/selling/building large websites, often being in the 6-7 figure range, with my last website I sold being well in excess of a mil. I've pretty much seen it all, and above anything else, 4 big rules will apply:

      #1 - Make sure everything is in a contract executed by both parties.
      #2 - Require the payment transaction to be done via bank wire.
      #3 - Deal with companies that are located in your country of origin, for legal purposes.
      #4 - Require that the asset transfer be done after a verified bank wire transfer.

      The #3 part offers protection, with the potential buyer having many avenues of recourse due to the information in #1.

      The #4 offers the seller protection because, due to how the technology works, the risk is far in excess to the seller than to the buyer, and in the case of website sales, the buyer needs to understand the risk and be the initial point of action.

      #2 needs to occur versus check (which can be redacted), versus Paypal (easily reversed with a few mouseclicks), and versus escrow (which offers little protection to the seller). Bank wires are not reversible under nearly all conditions.
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  • Profile picture of the author Loren Woirhaye
    Ti, above expresses my thought as well.

    For clean deals in the $1000 and up rang you need to
    be using wire transfers and/or some sort of escrow
    process.

    With a wire transfer, the money is real and
    any refund must be done with your permission and
    participation. This is not to say there is no room
    for fraud in bank wires, so you should learn about
    wire fraud to protect yourself.
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  • Profile picture of the author CesarGalano
    For that sum ALWAYS use escrow.com.

    I've suffered from a similar situation.Sold a website for $3.000 and buyer made a chargeback.Paypal of course protetected the "honest buyer".Like you,lost my website and MY money.
    Never again!
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  • Profile picture of the author EvcRo
    Here is what i do for paypal transactions that i'm worry of reversal, i make buyer to write this in payment description, never had a reversed payment.

    Buyer "his name" owner of paypal account X purchase whit this transaction of price from seller your name domain name (registrant id) and website content. In case f reversal of this payment domain x must be transfered back to seller your name.

    Probably this must have put off scammers, i never had any problems when people bought with this text in transaction description.
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  • Profile picture of the author PLRwithAlex
    Awesome ideas! In the past, I've simply not transferred the domain until the refund time has expired.
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  • Profile picture of the author juano9z
    Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
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    • Profile picture of the author Daniel Brock
      Originally Posted by juano9z View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      Buyers hold unlimited power in paypal on digital transactions.

      Unless you provide a shipping notice you are SOL if they decide to issue a 'unauthorized transaction' dispute.
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    • Profile picture of the author Jacob Anthony
      Originally Posted by juano9z View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      No, they can initiate something called a chargeback stating that they never recieved the item.

      Sbuccariel's idea of saving the site to a disc then sending it via registered post is a good one, I like it.

      That way it's no longer treated as a digital product plus you've the advantage of proof of delivery.
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    • Profile picture of the author abelacts
      Originally Posted by juano9z View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      It is not the case with Paypal. The buyer can indeed reverse the transaction... left you the seller caught in surprise!
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  • Profile picture of the author lilhay
    Today I took a payment for $3500 from PayPal.
    It's best you avoid e-check. Also PayPal should have
    called the guy and verified his purchased because the price was
    so high. They did that with my customer and everything is fine.
    My payment was instant because he logged into his PayPal account to do it.
    Just make sure that check clears bro.
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  • Profile picture of the author Gene Pimentel
    Good luck Steve. That would make me nervous too! I use escrow.com for anything over $500. Both parties are protected, although there are ways for a true scammer to beat the escrow system too. A bank wire is the surest way, short of him handing you the cash.
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    • Profile picture of the author Hanz
      Money Order is your next best bet after wire transfer.
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  • Profile picture of the author LB
    Once you break the barrier of a few hundred bucks you need to have a real contract in place and be willing to enforce it.

    I certainly hope that everything goes well. I know that if someone tried to take me for 7k I would be filing suit for recovery plus damages.

    Another reason only to sell to people in your country.

    There is also always the problem of people using stolen/hacked Paypal accounts to make the purchase. The solution is to simply not use Paypal for this kind of thing.

    It's entirely possible for someone in Russia to use a hacked USA paypal account to make the buy. Once the real account holder sees they've been debited the funds they will dispute it and you will be screwed. A good reason for bank wire/escrow only.
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  • Profile picture of the author ahlexis
    I have seen another Warrior mention that they had been scammed and used the Digital Millenium Copyright Act, the same laws that cost Napster 1.0 their existence, in order to shut the "buyer" down. What they did was, once the reverse happened they notified the buyer and all people connected to the domain that they were aiding in the distribution of stolen goods or something to that effect. They contacted the domain name registrar, the hosting company, and any other company and served them with legal notice they were in violation of the DMCA.

    The "buyer" would then skulk off to another webhost, and then the 2nd (and 3rd) host would also get notice of violation of the digital copyright law so they would shut down the hosting.

    So while the buyer had made off with the goods, they could not use what they had stolen. Realizing they would be pretty much banned from the net as far as the domain and hosting was concerned, they paid up. I guess they wanted the site more than they wanted the thought of ripping someone off.

    Another thing I have to say is, not all wire transfers are actual wire transfers. What do I mean? An associate of mine who rented a house they owned to someone received what they thought was a wire transfer, and eventually it was reversed by the bank and he was out of the money . . . plus additional funds, due to the person sending more than the payment requested and asking for a refund of the overpayment ala Nigerian scam style. And even though he was the victim of a crime, the bank actually came after HIM! I don't know all of the details of this case, I only mention it to say to be careful, as there are some scandalous people out there. Money orders? Do you know EXACTLY what they are supposed to look like? They can be forged, duplicated fraudulently, and possibly flat out stolen. Again, be careful.
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  • Profile picture of the author Steve Mount
    Thanks for the great advice everyone. I'm going to be sending the files on a disc by registered mail. This was an excellent idea!
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  • Profile picture of the author abelacts
    I used Escrow.com for a 5K site. The buyer paid to Escrow by wire transfer to my bank account. The deal is done without any fraud. But then again it is never too cautious when it comes to any business dealings. Take the best precautions you can and go ahead with the deal.
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  • Profile picture of the author steve m
    $7,000 for a website through Paypal?

    Are you crazy! Hopefully with a bit of luck it goes through for you, fingers crossed...

    I would strongly suggest that you use Escrow from now on, they protect both parties also no charge backs.

    All the best

    Steve M

    ps Great Sale
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  • Profile picture of the author AFD
    The best thing to do is.

    1. Know who is your buyer. If your buyer is a big company, them you have a peace of mind. I had an an seo blog before with a real great domain and was sold to ientry.com. I had no worries.

    2. Use escrow for amount bigger than $500.

    3. Since transfer of domain can be done later, include a policy in your sale to transfer only the domain once all payment is cleared.

    4. As much as possible, create a separate bacnk acocunt just for PP if you are doing buy/sell on Flippa on regular basis... Empty your bank account every now and then... if someone wanted to screw you up by reversing the payment, you don't have to worry if your bank is empty.. Bank does not care about reverses due to bank secrecy (correct me if I'm wrong) as long as you have all the evidence just in case needed...

    Hope it helps..
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  • Profile picture of the author Recession_Proof
    Wow! First off congratulations on the sale Steve.

    I read all the post, some good responses. In my humble opinion in dealing with any LARGE transaction I will tell you this piece of advice from my ebay drop ship experience...Never purchase goods from an overseas supplier with WESTERN UNION OR MONEY GRAM etc.

    Why?
    Because your money is gone. It has been picked up probably spent. And you receive no goods LOL.

    So this little anecdote applies to Steve how?

    WESTEN UNION buddy it's the only way to go my friend, the only way to go. Trust me! I have lost a small fortune ($2474 to be exact) in my search for a legit manufacturer in my industry. Now I make all my resellers pay by Western Union, no worries. You get your money the old fashioned way CASH IN HAND!
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  • Profile picture of the author dsmpublishing
    Hi guys

    i would put the money into my bank account from paypal first.

    this is the only way that you can completely safe guard yourself.

    What happens if on tuesday you sign it over and an hour after you do paypal limit your account because of the size of the payment flagging it for suspicious activity? which lets face it - it can be the norm!!!

    kind regards


    sam
    X
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    • Profile picture of the author theemperor
      Originally Posted by dsmpublishing View Post

      Hi guys

      i would put the money into my bank account from paypal first.

      this is the only way that you can completely safe guard yourself.

      What happens if on tuesday you sign it over and an hour after you do paypal limit your account because of the size of the payment flagging it for suspicious activity? which lets face it - it can be the norm!!!

      kind regards


      sam
      X
      Nope that doesn't protect you ... paypal will demand you pay the money back if the payment is reversed by the buyer. Had this happen to me on a physical goods transaction because PARCELFORCE UK damaged the goods on delivery.
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  • Profile picture of the author jazbo
    For that much cash, escrow is the only way to go really, but for now get that money out of paypal quick!
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    • Profile picture of the author samish
      Originally Posted by jazbo View Post

      For that much cash, escrow is the only way to go really, but for now get that money out of paypal quick!
      I agree. For that amount of money, escrow is the way to go.

      As a Buyer, I've been scammed by a seller. Paypal doesn't help at all. I try to stay away of Paypal as far as possible.
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  • Profile picture of the author seasoned
    One ADVANTAGE of an echeck is that I THINK you have the money when the money hits your bank. I don't think they can be reversed. That is NOT necessarily when the check "clears" though. ESPECIALLY with the expedited release of funds rules. So ask paypal if they actually got the money.

    By contrast, credit cards can be reversed after quite a while. I USED to think that was like 60-90 days, but it is really anyone's guess. Ask 5 banks, and you may get 15 answers!

    Steve
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  • Profile picture of the author RastaJones
    So what happens with a small sell? $7, $27, $47, etc.? Will Paypal still allow chargebacks?
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    • Profile picture of the author Gene Pimentel
      Yes, they allow chargebacks on every sale.

      Originally Posted by RastaJones View Post

      So what happens with a small sell? $7, $27, $47, etc.? Will Paypal still allow chargebacks?
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  • Profile picture of the author seobro
    I have taken people to small claims court and it is a success. That is one of the reasons, I do business in america. Please be more careful in the days to come. Paypal is terrible with money. However, if a person gets enough complaints against him they will freeze the account and investigate in. That said, you need to protect you. BTW, judges like to see written contracts so make your customer sign.

    Right now I am taking a person to small claims court in a lawsuit that is near $5,000 and it takes time to prepare a case.
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    • Profile picture of the author seasoned
      Originally Posted by seobro View Post

      I have taken people to small claims court and it is a success. That is one of the reasons, I do business in america. Please be more careful in the days to come. Paypal is terrible with money. However, if a person gets enough complaints against him they will freeze the account and investigate in. That said, you need to protect you. BTW, judges like to see written contracts so make your customer sign.

      Right now I am taking a person to small claims court in a lawsuit that is near $5,000 and it takes time to prepare a case.
      You were successful BECAUSE you had them sign for it. It is really kind of crazy that they allow what they do, they just figure that the market wouldn't be 10% of what it is without their tolerance, and they HOPE that there won't be much fraud.

      Steve
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    • Profile picture of the author PPV Guru
      Originally Posted by seobro View Post

      I have taken people to small claims court and it is a success. That is one of the reasons, I do business in america. Please be more careful in the days to come. Paypal is terrible with money. However, if a person gets enough complaints against him they will freeze the account and investigate in. That said, you need to protect you. BTW, judges like to see written contracts so make your customer sign.

      Right now I am taking a person to small claims court in a lawsuit that is near $5,000 and it takes time to prepare a case.

      Dude...you are SO dead on with this warning. Seriously.

      I WISH I had learned about paypal before I dealt with them in business. I wouldn't have lost so much money with them like I did. But, you know, they have 2 sets of Terms on their site?

      They have one set before you sign up. But then after you SIGN up, they add a few lines IN the terms and then put in the terms, if you continue to use this site, you are agreeing to these terms.

      Basically, one of the most crucial factors about the term changes are, they put in them that they can freeze and take funds from your paypal account AND any bank account attached TO that paypal account for any reason or NO reason at all.

      I never realized that before until they took my money. There are a ton of issues with paypal that people should be leary of, sersiously.
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  • Profile picture of the author PPV Guru
    Originally Posted by Steve Mount View Post

    Recently I sold a website on Flippa.com for $7000. This purchase ranks at #1 for the largest sale I've ever had online.

    I haven't sent the guy the website yet because he paid with an eCheck. It should clear on Monday.

    But here's what makes me nervous. You see, it wasn't too long ago that I sold a website for $150, sent the buyer the website, and then they immediately turned around and had his bank reverse the payment and I lost the site and money. I sent all related documentation to PayPal and they of course ruled in favor of the buyer.

    So HOW should I protect myself from this major $7,000 purchase? I want to make sure that when I send this guy the website on Monday when the check clears, that he's not just going to turn around and file for a refund with his bank on Tuesday.

    Is there anything that I can legally do that would ensure that I would not get the shaft when PayPal "conducts their worthless investigation and rules in favor of the buyer" as they always do...?

    Any ideas or suggestions are welcome. I want to make sure I have all my ducks in a row before I hand off this valuable website.

    Thanks!
    Ouch. Paypal might try to come after you for that later on. They typically start to get a little skiddish about your account after the first $2500 earned in profit.

    The more you make, the more liable you are for falling into one of Paypals BS tactics to get your money. They got me for 10's of thousands, my brother for $30k, my business associate for $40k another guy I know for a lot more than any of these...be very careful about using paypal.

    If you're doing business volume of 2k or above monthly, get a real merchant and link them to 1 Shopping Cart. It's safer in the long run.
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  • Profile picture of the author Donald Truehart
    You can still do a reversal even when escrow is used, so never think that they are the ultimate protection as a seller.
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  • Profile picture of the author TheRichJerksNet
    The way I handled this when I took on clients was to be sure everything was done properly and no refunds would be given.

    I do not use any 3rd party escrow as that does NOT protect you like many think it does.

    I required my clients to pay a portion by western union, yeah I know what some are thinking.. "I would never do that" You may think that but if someone really wants a site they will.

    I gave the client all my info.. Name, Address, Phone, and Etc and in exchange he gave me his/hers. They would go to western union and make a payment (normal at least 25% of the cost of the site). I would go and pick up the payment. The client would be supplied an email and terms before information is sent.

    By sending the payment by western union they have agreed to our agreement and as such are obligated to pay. Once I had the site done and client tested then final payment would be made by paypal and within 72 hours the site would be installed on the clients server..

    This worked great for me and never had a problem. When I did things differently is when I had problems of chargebacks and people not wanting to pay.

    James
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  • Profile picture of the author timpears
    Download the entire website to a CD, and mail it to him, insured, proof of delivery etc. That way at least you have proof of delivery of the product they bought. That will help you a little, but there isn't much that can guarantee that you will not lose out. PayPal is a pain in the ass, and we just have to live with that as they dominate.

    Never forget to put in your listings that you will only take payment via escrow, and the buyer must split the fee with you (or insist that the buyer pay the fee if you can get away with it). Don't leave yourself open to this in the future.
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  • Profile picture of the author Trent Brownrigg
    You should definitely only accept escrow or direct deposit, or something much safer than paypal if you sell a site for a lot of money. That doesn't help you now but remember that for the future. Not sure what you can do now other than what has already been suggested.
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  • Profile picture of the author Cash37
    REFUND HIM AND GO THROUGH ESCROW ASAP
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  • Profile picture of the author macchiavelli
    Im worried about this as wel since I have a website that Im about to sell for $4250 via payapl.
    I never fully trust any buyer on the internet so I wonder werther I should ask him to wire me the transfer.
    Great post...

    I dont want to scare the buyer by demanding a bunch of safety rules in order to save my butt.
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    • Profile picture of the author TheRichJerksNet
      Originally Posted by macchiavelli View Post

      Im worried about this as wel since I have a website that Im about to sell for $4250 via payapl.
      I never fully trust any buyer on the internet so I wonder werther I should ask him to wire me the transfer.
      Great post...

      I dont want to scare the buyer by demanding a bunch of safety rules in order to save my butt.
      If they are a serious buyer then it would not matter, matter fact they would understand...

      James
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  • Profile picture of the author seniormatchaf
    Banned
    [DELETED]
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    • Profile picture of the author Biggy Fat
      Originally Posted by seniormatchaf View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      No, there are those scamming asswipes who take advantage of PayPal's huge flaw and can get a website AND their money back.
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    • Profile picture of the author NK
      Originally Posted by juano9z View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      Originally Posted by seniormatchaf View Post

      Sorry but I don't get how he can scam you. If he pays you money... only you can reverse the payment correct? Only you can refund him
      Wow... exact same question, word for word...

      You can file a dispute in paypal and for transactions for intangible products, the buyer virtually always wins, leaving the seller with no money and no site.

      With paypal and flippa favoring the buyers, it's getting to a point where sellers really need to step up and pay attention to who they are selling to and to protect themselves. Pushing the domain after 30 days is a good idea, but it leaves the buyers vulnerable as well unless you're a reputable seller.
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  • Profile picture of the author emigre
    OMG....I have had chargebacks for $1.25 ....so you can imagine my feelings on this. I really hope you get your money.
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