Do I have breach of contract?

[wazup]

About 3 months ago I bought a website off someone, not knowing much about tech stuff I hired someone to look it over. He was Luke warm on it but it seemed to function so I bought it. Fast forward to today, I had a few issues so I hired them to fix them.

It was about 17 days ago when I first contacted them and the work still isn't done, she quoted me 6 to 8 hours to finish and it's into the third week so I'm low on the priority, she had lots of time for me when I was buying the site. Since the purchase l noticed some other issues. First being there was a lot of text that was written in french and they used Google translate and it appears on the site like a three year old wrote it. I made up some new documents to see if they could paste it in as I don't know coding, as a good will gesture as the text was so bad it was embarrassing to have on the site, they said too much time had passed and would have to charge me.

Issue two is that the whole premise of the sale was that the sole income was from google adsense, over the three months I learned that the most important ad placement is obstructed by site content, thus limiting my revenue. Adsense was her main selling point.

She saying too much time has passed but I want to go the breach route, do I have a leg to stand on as she admitted to using Google translate and would the design flaw constitute a breach, plus hammer her on unprofessional ism as there is over 30 articles are butchered make me look like an idiot.

 

[fuji]

Did you not review the historical AdSense revenue before buying the site?

 

[wazup]

Yes but there is a design flaw that limits my revenue as I can't put an ad there that is the highest profile on the site. She sold it on how much adsense can make and she signed a contract saying the sight was in top condition. I asked her to move them as it was affecting my income, she said no

 

[fuji]

Yes but there is a design flaw that limits my revenue as I can't put an ad there that is the highest profile on the site. She sold it on how much adsense can make and she signed a contract saying the sight was in top condition. I asked her to move them as it was affecting my income, she said no

You should not pay for ad revenue that a site "can" make. You should only pay for what it does make, as demonstrated by historical AdSense revenue logs.

Does the site get traffic? You can have the best ad placement and it won't matter if no one views it.

 

[benstt]

It is really unclear the different players here. You bought it from A, had B check it out, and hired C to make changes? Hard to understand what commitments each made - A about the original site, C about the changes you are sponsoring.

Are there any specific ad sense performance targets and remedies in the contract? Doesn't sound like it is something they can control anyway.

 

[Popeye11]

Breach of contract only exists if one party has not fulfilled specific terms or conditions contained in that contract.

I don't see any specific breach here. If there are flaws in the website that does not constitute breach unless the contract specified that the seller would fix any flaws. It's buyer beware. Once you pay and take possession then it's yours.

 

[wazup]

The site was bought mostly because of the ad revenue, a contract was signed and she told me what code to put where. One of the codes violates adsense rules, she signed a contract saying it was in god working condition.

Is it any different than a contractor redoing a kitchen and not leaving enough room for the fridge so the homeowners have to use a smaller fridge

 

[Popeye11]

Why you bought the site doesn't mean much unless revenue streams were specified in the contract. If "what code to out where" isn't specified in the contract then it will be your word against hers.

"Good working condition" is far too vague if that's the wording in the contract.

It all depends on what's in the contract and how it's worded.

 

[wazup]

The codes she told me to put in specific spots, one of them violates the rules as it is partially covered, thus affecting my revenue

 

[MRBJX]

About 3 months ago I bought a website off someone, not knowing much about tech stuff I hired someone to look it over. He was Luke warm on it but it seemed to function so I bought it. Fast forward to today, I had a few issues so I hired them to fix them.

It was about 17 days ago when I first contacted them and the work still isn't done, she quoted me 6 to 8 hours to finish and it's into the third week so I'm low on the priority, she had lots of time for me when I was buying the site. Since the purchase l noticed some other issues. First being there was a lot of text that was written in french and they used Google translate and it appears on the site like a three year old wrote it. I made up some new documents to see if they could paste it in as I don't know coding, as a good will gesture as the text was so bad it was embarrassing to have on the site, they said too much time had passed and would have to charge me.

Issue two is that the whole premise of the sale was that the sole income was from google adsense, over the three months I learned that the most important ad placement is obstructed by site content, thus limiting my revenue. Adsense was her main selling point.

She saying too much time has passed but I want to go the breach route, do I have a leg to stand on as she admitted to using Google translate and would the design flaw constitute a breach, plus hammer her on unprofessional ism as there is over 30 articles are butchered make me look like an idiot.

Sorry dude but you are an idiot (no offense) this is all stuff you should have had done before you bought it, not after.

 

[cynalan]

Caveat Demptor - Buyer Beware. You did not do your homework and are now stuck with a lemon. You have no case. You obviously got yourself involved in an area you know nothing about in hopes of making a quick buck without doing any work. Sorry dude, you lose.

 

[GPIDEAL]

The site was bought mostly because of the ad revenue, a contract was signed and she told me what code to put where. One of the codes violates adsense rules, she signed a contract saying it was in god working condition.

Is it any different than a contractor redoing a kitchen and not leaving enough room for the fridge so the homeowners have to use a smaller fridge

I echo comments of Fuji and others.

I don't know if it's breach of contract unless it specifically says that you can do whatever to the site without affecting the AdSense. IF that was the big hitch, then perhaps you have a misrepresentation issue, not breach of contract, but there must be an explicit statement that you relied upon.