973.com - Stolen?

[Dave Zan]

If there's indeed a legal issue over the domain name at Go Daddy, only thing
any of you involved can probably at this point is wait until this thing clears. If
it'll even be cleared, at all.

 

[Deleted member 70408]

If there's indeed a legal issue over the domain name at Go Daddy, only thing
any of you involved can probably at this point is wait until this thing clears. If
it'll even be cleared, at all.

It's been over 3 months, the name is still in the seller's Godaddy account, and Godaddy told me the name is not under investigation. I don't know what else can be said.

 

[Focus]

They did clearly state no legal issues with it....so it sounds like total BS to me...at least as far as Godaddy being involved goes..

 

[Theo]

It's simple: if they stated there are legal issues with GD and that the domain had been locked, let them provide you with the proof of charge for $29 that GD places on their credit card.

 

[Deleted member 70408]

It's simple: if they stated there are legal issues with GD and that the domain had been locked, let them provide you with the proof of charge for $29 that GD places on their credit card.

My GD rep asked to see the email to confirm that it was an official GD correspondence. After I asked him to see the email, he said it contained personal data and wouldn't send it to me.

If he would send it to me now, it would clear everything up as I am sure it would be a stock letter and my rep could verify it. I am sure he won't send it.

 

[Theo]

So pretty much you're saying Shytkicker had a change of heart over the agreed amount of $4k - due to an upwards change in market value of NNN .com's - and decided to invent some method of breaking the contract without actually saying so?

I am not a legal expert but I don't think that by you not sending the money per his request nullifies the contract you two agreed to on Escrow.com.

 

[Focus]

:ban:

 

[Deleted member 70408]

So pretty much you're saying Shytkicker had a change of heart over the agreed amount of $4k - due to an upwards change in market value of NNN .com's - and decided to invent some method of breaking the contract without actually saying so?

I am not a legal expert but I don't think that by you not sending the money per his request nullifies the contract you two agreed to on Escrow.com.

No. I am saying that Shytkicker agreed to sell the name to me for $6,800+, sent me the Escrow.com agreement (which I agreed to and which would probably be a binding legal agreement according to the T&C) and then said Godaddy emailed him to say the name was stolen. HE is the only one that knows exactly what happened - which as you can see from his post, will not say specifically. The only thing I know is that three + months later, he still owns the name and Godaddy says it is not under investigation.

 

[Theo]

OK, that makes sense now. Got confused about the exact amount.

Hmmm.....well...I hate to say it but then there is no escrow agreement to be bound to. However, verbal agreements or written proof of intention to commit a sale might be binding.

 

[Raider]

Acro is right, there is nothing binding here, shytkicker doesn't not have to sell the domain if he doesn't want too, He's not selling because he obviously thinks he can get more for it, but he should keep his word!, not keeping your word in this business leads to distrust in the domain community, which hurts only him.

 

[Chappy]

I think everyone should postpone judgment of Shytkicker/cfguru360 until the situation becomes clear. He seems like a decent, honest guy to me from my dealings with him.

 

[jberryhill]

It's been over 3 months, the name is still in the seller's Godaddy account,

Since an expiration long ago, 973.com belonged to a Korean until early October 2006, at which time it was transferred to Matt.

That's about four months.

It has been 3 months since what?

I hate to say it but then there is no escrow agreement to be bound to. However, verbal agreements or written proof of intention to commit a sale might be binding.

You missed the gorilla in the room, Acro.

If Shyt is claiming nonperformance on account of impossibility, he has already admitted the obligation to perform.

 

[TheLegendaryJP]

Exactly, well put John. I do know of a domain case where the seller accepted funds and refused to complete the deal and a canadian court said that was ok ! It all worked out though.

 

[dolansco]

Having dealt with Matt on several occassions I feel a need to say a little here.

Matt has sold me domains , and has stuck to the deal even after a better offer has come in . A deal is a deal , so to speak. And Matt has always been 100% .

If he says that there is a problem with the domain , then I think you should thank him for not selling you an ass .
This is not a case of Matt holding out for an extra $500 , it really is not his style . He is doing a few hundred K a month in sales , and this sale is only a small one as far as he would be concerned , IMO.

As far as asking Godaddy for their opinion .... LOL..... thats a bit like asking your regfly rep ... ( that is just an opinion )

I was in Matts situation once , and the dubious domain sat in my account for several months until it was returned to its rightful owner by due process. I was the ultimate looser , as Matt will be here . So it is in his credit that he has not tried to flip it on etc ..

There are 999 other NNN.com domains and most of them are available on the reseller market , I suggest that the buyer just moves on & thanks for enlightening us that this domain has issues attached. But this should not reflect bad on Matt , that he has NOT tried to sell the domain , whilst he was aware of the problem.. For that he should be commended .

And as always on DNf , hang him first ... trial later ...
i respect that we are looking out for each other , but posts such as " Ban Him " ...???? why , because he refused to sell the dubious domain .. Ban the numerous scammers on this forum first IMO

 

[Deleted member 70408]

Since an expiration long ago, 973.com belonged to a Korean until early October 2006, at which time it was transferred to Matt.

That's about four months.

It has been 3 months since what?

Hi John - thanks for posting. It's been 3 months since he agreed to sell the name.

If Shyt is claiming nonperformance on account of impossibility, he has already admitted the obligation to perform.

I agree with you on this. However, he is unwilling to provide any evidence to support this, and he even refused to forward the email to my GD account rep who would be able to verify all this.

And as always on DNf , hang him first ... trial later ...
i respect that we are looking out for each other , but posts such as " Ban Him " ...???? why , because he refused to sell the dubious domain .. Ban the numerous scammers on this forum first IMO

Hi Gerry,
I believe this post has been very fair. I have posted all communications and haven't lobbed any unfair accusations. I don't believe he should be banned either. I have not said anything to anyone, but was a bit perturbed when I saw Matt posting a comment (in an appraisal thread) about another seller who backed out of an Escrow transaction with him.

 

[Gerry]

...nonperformance on account of impossibility, he has already admitted the obligation to perform.

WHOA! A Catch22 or Catch973?

Hi Gerry,

What??? Another Gerry amuck us? This just won't do. :nono:

 

[dolansco]

And as always on DNf , hang him first ... trial later

Elliot that comment was not directed at you ... but other members who shout ban , whilst there are more obviously "dubious" transactions happening here.
I appreciate your point 100% also. But there are always 2 sides , thats all.

 

[DNP]

I He seems like a decent, honest guy to me .

Agree

 

[Keyboard Cowboy]

i respect that we are looking out for each other , but posts such as " Ban Him " ...???? why , because he refused to sell the dubious domain .. Ban the numerous scammers on this forum first IMO

I agree

:ban:

Totally out of line. Get all the facts from both sides before you jugde people

If there're legal issues with the name in question, hats off to Shyt for not trying to cash in before shit hits the fan, so to speak

 

[Theo]

I still don't see the 800-lbs gorilla in the room, other than a sale gone south - because the seller gives cryptic reasons for not fulfilling it.