Legal Question in Technology Law in California
Thanks for taking your time to answer my question. Couple of years ago I designed a web site for a person I knew (not necessarily a friend) for free, no contract signed. It was for a small winery. The web site turned out really nice and has helped their business. Let's just say this person has not been very appreciative of what I did for them and now I heard they are selling their business and as part of the sale web site is included. Every once in a while I would do textual updates for them for free. I did charge them a fee when they wanted me to do some updates involving pictures. There are email exchanges of her requesting me to do updates for the web site.
My question is; If the business is sold can I retroactively charge them for the work I did. Again, I never charged a penny for building them a web site. I know they will make money on it once they sell the winery business as the web site (including the domain name) would be included in it.
Thanks
2 Answers from Attorneys
Sorry, but no. You can't unilaterally turn a gift into a contract after the fact.
I will assume you built the site for free because they did not have money at the time to pay? Maybe you could speak to the owner and request that now they could pay you out of the proceeds of the sale? However, you would not have a legal cause of action against them.