He had asked if I wanted an NDA signed and I said this:
"No need for an NDA, as long as you just verbally agree on here not to disclose or copy/replicate what I show you then I am completely fine. As long as you confirm that via email, I am on Skype now so we can talk there quicker."
To which he replied:
"I agree to that Avais.I have added you please accept so we can discuss."
All discussions from here on out for the most part were on Skype and I have that saved. Some were through email when I sent him files about details on the website, files with data, etc.
Well, the asking price of this website was and is $10M for a full buyout, which was never bargained down throughout the process. Exact estimate or injuries to our website earnings could be anywhere from upper 5 figures to lower 6 figures, it is not exactly known as they tried to copy us and we had to pay higher amount to compete with them.
The fact that they clearly scammed us, shouldnt that count for something? Also the potential loss that I did not pursue other buyers as I thought he was interested and lost that 7 figure deal due to him. So potential loss of 7 figures as I have not sold the site, but instead the value of the site is now less since there is a competitor(him) who is using the same resources which we were paying money for(now have to pay more money for due to him)
Thank you for your follow-up.This is not a 'clear scam', at least not exactly. The reason most NDAs are signed is because an NDA puts forward all conditions (and not just general limits) on what is covered and what is not covered under the NDA language. It also may place limits or at least estimates on what the damages may be under which you could file suit for. When there is a promise to not disclose what is 'shown' a person may argue legitimately that he did not know what was protected and what wasn't under this statement, and what exactly was the length of the NDA in terms (for example if it was for just that first conversation or all conversations), or what 'show' may mean. The fact you did not pursue other buyers is ultimately your own concern because there was no duty or obligation for you to choose to pursue this potential buyer. I am not stating that you have no claim, it just harder.What I do see is still a potential NDA argument but also a potential copyright infringement claim on having the other party use your information without consent. If the information is not protected, this is a weaker claim but it is still a claim based on substantial similarity to your site.I will say that as the value of your site is very high, retaining an IP attorney here is essential. You need counsel that has experience in business/contract law, intellectual property, and litigation. You can still sue for damages as well as tortious interference of your business interest. But ultimately I see this as very hard-fought fight. Next time please get the NDA in writing, and not just on a verbal assurance (text is considered mostly verbal).Good luck.
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