Is this contract valid?

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Latest post Sat, Oct 10 2015 4:40 AM by Lea Ann Savage. 13 replies.
  • Fri, Apr 3 2015 3:11 PM

    • JuneNight
      Consumer
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    • Joined on Fri, Apr 3 2015
    • NY
    • Posts 4

    Is this contract valid?

    Here's the image of the contract, http://i.imgur.com/fooF6or.png

    The color in Red is my name,
    The color in Black is the name of person I made the contract with
    The colors in Blue / Purple are the names of the Facebook Pages.
    The color in Green is the name of the man we're purchasing the facebook page from.

    Is the contract in the image Valid?
    I heard that it's illegal to buy Facebook pages, because of Facebook's Terms of Service.
    If so, is the Severability clause at the bottom of the contract still valid (Or is the whole contract itself voided)

     

  • Fri, Apr 3 2015 7:37 PM In reply to

    Re: Is this contract valid?

    JuneNight:
    I heard that it's illegal to buy Facebook pages, because of Facebook's Terms of Service.

    I suggest you actually read the terms of service. I took a quick look and it appears that you cannot buy Facebook pages unless you have Facebook's consent.

    https://www.facebook.com/legal/terms

    If you don't have Facebook's consent then the entire contract is unenforceable including the severability clause since there'd be nothing to separate from the main purpose of the contract which is to buy a Facebook page.

    Anybody who is paying the money on this deal might as well throw the money down the toilet or burn it. If you are the one who has already paid it, then you have been scammed. When your other party fails to come through with his part of the bargain you'll be back here sobbing "What are my rights?"

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Apr 3 2015 9:58 PM In reply to

    Re: Is this contract valid?

    JuneNight:
    I heard that it's illegal to buy Facebook pages, because of Facebook's Terms of Service.

    If by “illegal” you mean that it is a crime to do it, that’s not correct. But the fact that it violates the Facebook TOS would mean Facebook could shut down the page, making it worthless. 

  • Fri, Apr 3 2015 11:50 PM In reply to

    • JuneNight
      Consumer
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    • Joined on Fri, Apr 3 2015
    • NY
    • Posts 4

    Re: Is this contract valid?

    I understand. Let's say Facebook doesn't "Notice" then, and the Facebook Page isn't shut down.

    --Is the Contract Enforceable. I know it's a crime in that way. I just want to know, because of the terms of service themselves (on the lucky chance facebook doesn't notice anything), is that contract there enforceable.

     

  • Sat, Apr 4 2015 8:28 AM In reply to

    Re: Is this contract valid?

    You are asking for a legal conclusion.  I'd suggest you consult a local attorney.

  • Sat, Apr 4 2015 9:43 AM In reply to

    • JuneNight
      Consumer
    • Not Ranked
    • Joined on Fri, Apr 3 2015
    • NY
    • Posts 4

    Re: Is this contract valid?

    I'd just like one opinion, it's against terms of service to "buy/sell" a facebook page. But are Terms of Service something that can prevent that contract from being valid since it broke the terms.

     

    Just your personal, or anyone's personal opinion on this.

  • Sat, Apr 4 2015 10:50 AM In reply to

    Re: Is this contract valid?

    Opinions are like noses, everybody has one.  What you are asking is for a legal opinion or conclusion which no one on here can provide.  With that said, a contract is presumed valid and enforceable until a suit is brought and a court says it isn't....

  • Sat, Apr 4 2015 3:44 PM In reply to

    Re: Is this contract valid?

    JamyeP is right.

    JamyeP:
    a contract is presumed valid and enforceable until a suit is brought and a court says it isn't....

    However, since you and the other party are entering into a contract that breaches a contract that both of you have with Facebook. the contract is likely to be thrown out of court.

    Example:

    You give the other party $1000 to Mr X to take over his webpage and run it with his assistance for whenever. After a couple of months you find Mr X more and more difficult to contact until finally the page fails and you go broke.

    You sue for your money back. Mr X countersues for the ongoing payments you stopped making.

    The judge says: "Ms Knight, Mr X, you both new that this contract was against the rules of Facebook. Ms Knight - you don't get the $1000 back. Mr X you don't get any more money. Now both of you get out of my courtroom."

    That's my opinion.

    You'd really have to be stupid to even think about getting into this deal. And if you are already in it and have paid money to the other party you are very likely to end up screwed.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Apr 4 2015 6:14 PM In reply to

    • JuneNight
      Consumer
    • Not Ranked
    • Joined on Fri, Apr 3 2015
    • NY
    • Posts 4

    Re: Is this contract valid?

    Perfect answer, thank you very much. I almost signed. Thank you very much everyone. Thank you Adjuster Jack

  • Sun, Apr 5 2015 12:13 PM In reply to

    Re: Is this contract valid?

    JuneNight:
    I almost signed

    Thank goodness you had the sense to come here before you did something. Congratualtions are in order. Most people come here after they get themselves in trouble.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Apr 6 2015 5:36 AM In reply to

    • OhioCP
      Consumer
    • Top 50 Contributor
    • Joined on Fri, Feb 20 2004
    • OH
    • Posts 2,570

    Re: Is this contract valid?

    Just out of curiousity, why would these social media accounts be worth paying $7500 for?   

  • Mon, Apr 6 2015 6:15 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,405

    Re: Is this contract valid?

    One might be able to craft a contract that protects you ...but this one sure does NOT 



  • Mon, Apr 6 2015 1:30 PM In reply to

    Re: Is this contract valid?

    OhioCP:

    Just out of curiousity, why would these social media accounts be worth paying $7500 for?   

    Business advertising on Facebook can be lucrative.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Oct 10 2015 4:40 AM In reply to

    Re: Is this contract valid?

    They can be a big source of leads and/or sales for a business.

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