Legally binding contract of account sale? menu

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  1. #1
    Teryon's Avatar Active Member
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    Legally binding contract of account sale?

    There are people who sell accounts and recall them months later after the buyer has increased the value of the account and added game time.

    What kind of contract should you make with the seller, to make sure that he is convicted of fraud if he attempts this scam?

    Legally binding contract of account sale?
  2. #2
    andy..'s Avatar Member
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    I doubt you could have a contract for this kinda thing, but either way you should transf the chars off the account and get the original banned, unless your buying it from someone you know personally else don't bother wasting your moneyz. You could always do a charge-back or w/e with paypal within a certain amount of time aswell

  3. #3
    BottMaster's Avatar Member
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    Originally Posted by andy.. View Post
    I doubt you could have a contract for this kinda thing
    You can't. Technically your character is the intellectual property of Blizzard, not you. You would have to have a legally bound contract with blizzard in order to sell your account with a legally bound contract with the buyer.

    Don't understand that?
    Simple answer is bolded.

  4. #4
    Teryon's Avatar Active Member
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    Originally Posted by BottMaster View Post
    You can't. Technically your character is the intellectual property of Blizzard, not you. You would have to have a legally bound contract with blizzard in order to sell your account with a legally bound contract with the buyer.
    Wrong. Although Blizzard doesn't recognize the selling of accounts, the contract is still be legally binding between the parties. A scammer who takes the money, but doesn't deliver the account info, has committed fraud. Or do you think this kind of scamming is legal?

  5. #5
    BottMaster's Avatar Member
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    Originally Posted by Teryon View Post
    Wrong. Although Blizzard doesn't recognize the selling of accounts, the contract is still be legally binding between the parties. A scammer who takes the money, but doesn't deliver the account info, has committed fraud. Or do you think this kind of scamming is legal?
    Nope, that's illegal but in a different reason. That's theft, not fraud. L2Dictionary

    You can say anything you want, you can dispute it all you want...... but the fact of the matter remains.

    To have a legally binding contract, you must have a contract that will be supported in court. And since technically, it's not your property to make a contract over..... you have no legal grounds to stand on and no court will support it.

    No Court Support = No Contract

    Now, I could also write a very legal sounding contract for you to give me head for $1. We could both sign it, hell you could frame it and put it on your wall! But, do you really honestly think that any court in the US will support it? Or any court in any industrialized country where prostitution is illegal?

    Using your brain helps. Trust me. You might want to try it sometime.

  6. #6
    Teryon's Avatar Active Member
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    Originally Posted by BottMaster View Post
    Nope, that's illegal but in a different reason. That's theft, not fraud. L2Dictionary
    Wrong. Theft == the illegal taking of another person's property without that person's freely-given consent. It's not theft, if the victim consensually pays the scammer. It's fraud.

    You can say anything you want, you can dispute it all you want...... but the fact of the matter remains.

    To have a legally binding contract, you must have a contract that will be supported in court. And since technically, it's not your property to make a contract over..... you have no legal grounds to stand on and no court will support it.
    You are confused.

    An analogy:
    If a thief sells stolen property, the buyer has the responsibility to return it to the original owner. A court would still recognize that there was a contract between the thief and the buyer, and the thief has a legal obligation to pay the money back.

    A court will support a contract about the sale of a WoW account to the extent that a scammer has to return the money.

    Now, I could also write a very legal sounding contract for you to give me head for $1. We could both sign it, hell you could frame it and put it on your wall! But, do you really honestly think that any court in the US will support it? Or any court in any industrialized country where prostitution is illegal?
    Those contracts would be invalid because they are about a crime. Transferring WoW accounts is not illegal. It merely violates Blizzard's ToS which is a civil matter.

  7. #7
    Pina's Avatar Active Member
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    I don't think it's possible

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