Appraisal Scammer Strikes back Again...

[Theo]

I cannot understand why you would defend it.

I am not defending it, merely showing you that it's not admissible in court using the generic approach you listed. There is no "419 scam"-like law specific for this kind of sales pitch. The "buyer" does not commit to a purchase; they are not obligated to disclose their affiliation with the appraiser and at the end of the day, the seller can only sue on the quality of the service rendered (the appraisal).

 

[GoPC]

Not true...

There are hundreds of legal precedents and laws specific to the conduct of fraud. The blanks are filled with many different applications... car loans, home mortgages, investments, public offerings and many, many more.

But they all have one thing in common, the act of using the implication of financial gain to extract funds, property or other items of value from a victim. Both in written and spoken agreements.

It is a well-established law with decades of precedent on which to base your legal case.

It is totally admissible in court, prosecutable and winnable.

To imply that it is not and to inadvertently encourage others to participate in such a scam is irresponsible.

GoPC

 

[Theo]

To imply that it is not and to inadvertently encourage others to participate in such a scam is irresponsible.

Trying to create the impression and/or making statements implying that I am encouraging any such motions or lack thereof, is at least silly; at the most libelous You gave no examples of such cases, other than generic statements about fraud. The law needs to exist in order to establish a case; you cannot tweak it to your needs. The only place where the phrase "whatever is not explicitly allowed, is prohibited" applies, is the military.

 

[GoPC]

I'm encouraging you to NOT assume your misguided advise it accurate. Google fraud cases and see for yourself. Do the research.

I'm not going to spoon feed you or anyone else here.

And by saying there is NO risk to committing this kind of fraud CAN be taken as an encouragement by those that have or are considering committing this kind of fraud.

There is a risk, it is illegal and it is wrong. Saying you can get away with it doesn't change that fact.

The only place where the phrase "whatever is not explicitly allowed, is prohibited" applies, is the military.

Is exactly the kind of thinking and actions that are why many laws seem to be written to protect the guilty and punish the innocent, for the sake of the accused.

I know you like to stir up a good conversation. Fine. But be aware of the implications of the position you are taking. But then again, if you are of the mind that Victims of Scams are at fault, because they should have known better and whatever isn't specifically prohibited is perfectly fine... then you wouldn't care about how what you say might affect people, responsibility or other such nonsense.

GoPC

 

[Seraphim]

Has anyone here fallen for this scam? :lol:

I'll buy your car if you get the oil changed at Jiffy Lube! Even the FBI would be like, "what sort of idiot falls for this sh!t?"

 

[DN BROKER]

Closed

 

[Theo]

I already stated that I play Devil's advocate, when there is a benefit; not simply to argue.

My position is that there is no particular law that covers this type of exchange or tags it as a fraud. In other cases, e.g. 419 scam, identity theft etc. there are laws that can be explicitly applied to these types of situations. In this case, there is no specific contract to sell a name - and you should notice that the e-mails are carefully crafted to avoid any real obligation to purchase upon the rendering of an appraisal.

I think that yes, people involved in domains should be made aware both of the situation regarding the offer & appraisal combo, and of the fact that there is very little to do afterwards when the sale will not go through naturally.

 

[Seraphim]

this dude has been around for ages.... we need to bust him...

I guarantee he's a member here.

 

[DN BROKER]

Closed

 

[David G]

Several years ago outside a Stadium in Arizona I needed 4 tickets for my family at a sold out baseball game. The scalper showed me 4 tickets for today's game with today's date on them. I handed over the plus $100 he wanted and walked to the window but quickly noticed the tickets were from a game of last week! The scalper had switched the tickets as I was counting the money. I told a nearby police officer about the fraud and pointed out the seller who was still standig nearby. The cop said there is no law against selling old tickets and did nothing including refusing to even talk to the scammer about the fraud.

If an outright in-person fraud case like that is not worthy of police attention can you imagine how they would look at domain appraisals!

 

[DN BROKER]

Closed

 

[GAMEFINEST]

Thanks for the heads up Batman