Domain - Legal Binding Agreement

Discussion in 'Legal Issues' started by dscurlock, Dec 28, 2011.

  1. #1
    Apparently I listed a domain sometime back, and forgot all about it, and long changed my mind on selling.

    What do you know, I get an email today saying Your domain has been sold...bla, bla...

    I send them an email and tell them I have changed my mind....

    This is something that seems like they do not want to hear....

    "You have a legal binding agreement with us, we expect your to follow through...bla, bla"

    "If you should not follow through, then we will cancel your account, yippie! then we will
    release your name to the buyer so they can decide to take action against you, more bla, bla...

    Not sure about your guys, but taking action on a domain that you never owned can cost you a ton of money.

    at the least I see no damages here. The domain service can just easily provide the buyer with a refund.
    The only thing i see is if the domain service does not provide the buyer a refund. As I do not have any actual funds.

    The things a company will do in order to try and keep their $150 commission.

    Its just mind blowing...

    What do you guys think?
     
    dscurlock, Dec 28, 2011 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    I think your problem is a contract problem. What does the TOS on the site you listed your domain for sale say your obligations are concerning the sale?

    While you changed your mind, you forgot to tell the seller that fact. I assume you posted the domain for sale in good faith, however, changing your mind after the domain is posted and not informing anyone you changed your mind until after the sale is made is not good faith. I think you are the one who is in the wrong in this scenario.

    While I do not think the seller is going to start a legal fight over $150, I think they are within their rights.
     
    attorney jaffe, Dec 29, 2011 IP
  3. dscurlock

    dscurlock Prominent Member

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    #3
    I do not disagree with you...

    I have long forgotten all this, and the domain is up and going now...

    I just do not like the way they are handling this, as I have been getting legal threat after legal threat...

    They seem to be using the very same tactics that creditors use...

    Intimidation, strong arm tactics, threatening emails, etc...

    If this is how they run their company, then I do not want to associate with them any longer, nor will i buy anymore domains, and I have bought $1000's worth from them.

    It may pay off in their favor if they at least understood, but they are not taking that approach.

    being nice goes a long way, being rude to anyone just pisses them off even more, contract or not.

    So if they wish to throw my business with them under the bus so another client can get the domain, and they get their $150.

    So be.

    I hope that $150 commission was worth it, because it will be the last they get from me.

    They do not see you as a person once you do the agreement, as they could care less....

    fine...if that is the way they want to do business, then so be it...trade one client in for another...

    but you are right, maybe they are within their rights, lets just screw the human/understanding factor all-together.

     
    Last edited: Dec 29, 2011
    dscurlock, Dec 29, 2011 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    You have to step back and look at it from their prospective. They are also sellers of domains and when a buyer in good faith buys a domain they list for sale, it is very unprofessional for them to say, "whoops, we don't own and can't deliver on the domain you wanted". That would damage their reputation. I think they are really stuck in the middle. They have a buyer they might offend or you they might offend; and they are siding with the buyer, since as you acknowledge, they are technically right that you did agree to sell the domain. They really put their trust in people who list domains with them that they will actually produce and deliver the domains they list if they are sold. I think they have to, since it is their business model, push you. I don't think they had much choice since there is a third party buyer involved.

    That is why it is different that backing out of a one on one sale here on DP or ebay, they are in the middle and really have to stand up for the deal that you and the buyer made with them. I sympathize with you that you forget listing a domain ... I did the same once, but I think you over estimate their possible flexibility considering their position.
     
    browntwn, Dec 29, 2011 IP
  5. scithe

    scithe Well-Known Member

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    #5
    Sellers like the OP are why eBay needs IQ tests. When you read the eBay user agreement you were aware that everything you list, you really have to sell. Don't want to sell it? Don't list it. There's no changing your mind after the sale has been made--for either the buyer or the seller. It's a binding contract.

    The problem is people can't be bothered to read. I really miss the old days of the internet when 99% of it's users were educated, responsible and honest people.
     
    scithe, Jan 8, 2012 IP
  6. Pico23

    Pico23 Peon

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    #6
    Its not that people are not educated - it's just people are lazy these days. IE: Who ever reads the iTunes agreement policy updates?
     
    Pico23, Jan 8, 2012 IP