Customer Wants to Back Out of Website Sale After He Got My Files and Database

[mmccauley]

Hi everyone, I'm hoping someone can give me some guidance here!

I'm engaged in a transaction on Escrow.com where I was selling a website to a buyer. This buyer wrote the description of the transaction as follows:

"Sale of [website] including all files, website content, documentation, email lists, facebook & twitter accounts, 60 day support period."

That is the extent of our agreement, there is nothing else "official" in writing.

So he sent his money to Escrow.com, and after that happened I began delivering the items described. He currently has my website running on his server, he has downloaded copies of all of my website and source files, and he has received passwords or admin access to multiple accounts such as email, Facebook, and Twitter. All of these items are complete, and I have emails reflecting that he acknowledges receiving everything.

Now, right when it's time to conclude the transaction and pay me, he asks to see traffic stats. He saw my traffic stats 6 months ago when he first inquired about buying the website, but at the time he changed his mind. Now, during the course of this transaction, he has never asked about traffic until the very end after getting everything from me. Traffic has declined since December from about 500 visits/day to 250-300 visits/day and he is claiming that the decline in traffic is grounds to terminate the transaction.

My main question is: Does he have a case? If this goes to arbitration at a website such as American Arbitration Association, JAMS Arbitration, or net-ARB.com, what are my chances of winning?

Thanks a lot

Btw this guy lives in Rhode Island USA and I live in Seoul, Korea. I'm an American citizen and could easily show up in Rhode Island to sue him if it comes to that.

[Conrad Hunter]

Once the site is transferred, escrow.com should pay you. I don't think the transaction has anything to do with traffic and he can't back out after the domain is transferred. You need to contact escrow.com and once they confirm the domain transfer has been done, demand that you are paid. You should read the terms at escrow.com as a first step. There is no way escrow can confirm every little detail like that, they simply operate based on the transfer of the domain.