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legal Balance of payments issue from leading industry domainer/broker Kevin Leto

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DN BROKER

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Domain bigticketdomains.com:
Internet Advertising
5030 Champion Blvd
Boca Raton, FL 33496 US

Administrative contact:
Technical contact:
Billing contact:
Internet Advertising
Attn KRL - Webmaster
[email protected]
5030 Champion Blvd
Boca Raton, FL 33496 US
Phone: +1.5612088244
Fax:

There is a lot of valid argument to what you have stated below. So I will indeed expose him now.

His name is Kevin Leto. His website is BIGTICKETDOMAINS.COM

He is good mates with Rick Shwartz (i believe , cant be entirely sure though these days) and here is a guest post from Kevin Leto that Rick put up on his blog in 2007....http://www.ricksblog.com/my_weblog/2007/12/ppc-or-developm.html

At the TRAFFIC conference in 2010, he was a guest speaker on the topic 'HOW TO PROSPECT FOR END USERS@!!!!

http://dnjournal.com/archive/lowdown/2010/dailyposts/20101020.htm

And yet this man cannot find the wherewithall to pay me my $800 a month on time for the last eight months or so....and now he has stopped completely from paying for the month of February and March.

I am happy to have him comment on this thread if he wishes to dispute any of the above. But I dont think he will at all cause of the mountain of evidence I have to the ongoing saga of him not paying me on time or at all....

I have also received PMS from people that I am not alone on this issue - which makes sense...as I do not see why he would pay everyone else but just not pay me.

But I can only CONFIRM for myself.

I have also told him many times that I was relying on the monthly income in a major way.

His only answer to me was a very annoying and all to familiar 'you are next on the list' But this list obviously didnt exist as no payments have been made in over six weeks now.

He would also give me sob stories as to how things are tough for him right now and he miscalculated stuff etc etc, but when he sold me on the deal, he never said Give me your $8000 and IF TIMES ARE GOOD I will repay you your money....it was a straightforward deal - you lend me the money and i will make monthly payments on time on specific dates - come rain or shine.....

He is also a very smooth talker and writer, but he will have no wiggle room here......

Lets see if his mates such as Owen Frager and Rick Shwartz are as quick to denounce him as they were quick to denounce OverSee.Com at every available opportunity.

Well Done.
 
Dynadot - Expired Domain Auctions

exxe

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Thanks! Nice to see the scammer exposed.
 

KRL

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James,

Let's start this conversation out by the fact that some business solution ideas succeed and some do not. Some take
tweaking, some don't succeed even with tweaking, and a few solutions work well.

You and I discussed this concept in many conversations and you thought it was a good innovative idea as did I.
In fact you thought it was such a great solution you wanted to market it which you did for 2 of your clients.

The premise was to find a solution to provide income for domains that require time to grow traffic and revenues.
It certainly wasn't designed to be a scam in any way shape or form. And I will stand my ground on that emphatically.
Each domain has a limited fixed income period of 1 or 2 years and then goes onto a regular ad sales platform which
is not fixed. From my side I saw it as a way to create good income for a domain buyer so they could end up the year
with their domain acquired ending up at a zero cost (the fixed income would offset the purchase cost) and they'd
have a nice profit by the end of the year. I figured this innovative solution would enhance domain sales with a specific cost
factor to me as the seller and my being responsible for generating the income on ad sales so it would end up as a wash
and then me taking a slight loss at the end when the profit payments. So I wouldn't make money from the domain sale, but
it would be a good deal for both the buyer and the seller since I figured more domains sold would enhance the number of clients I provide brokerage services for. Thus a win-win even though I would end up with a slight loss on my side of the deal.

You acquired 4 domains, 3 at $1500 and one at $450. You earned so far $4,800 since acquiring them in 10 monthly
payments. So that clearly illustrates I did not scam you. You have 2 payments remaining on your 3 domains and 6
payments remaining on your 4th domain.

The 2 clients you marketed the concept are 1/2 way through their payments for a total of $1800 sent to them.

So to come on DNF and distort things is grossly unfair. Especially since asked me to buy into 2 of your .TV domains
which I gladly did, one of which I brokered for you and got you a very good profit on and one we still hold together as 50-50 partners. You've made more money with me than you outlaid so please don't distort that fact either.

Only 10 of my clients decided to try this program during the past year. So don't blow this out of proportion size wise either.

The domain market as we all know became very depressed with so many domains for sale flooding the market, ppc income diving, google changing algorithms and impacting site traffic, and every other factor out there.
That all impacted several components of the concept and made it way more
costly from my side so I decided to just limit it to the beta period and just do the payments remaining for everyone.

Everyone who knows me knows I work very hard for brokering domains as well as coming up with new business ideas. And like we all know and as I said above, some idea work, some don't in business.

I don't appreciate you trying to trash me now after you've made money with me and only have 2 payments due on your first group out of 12 paid you.

And yes I've had a lot of successful ideas and a some that were unsuccessful like every other entrepreneur out there. But I work 7 days a week for my own deals and even harder for my brokerage clients. If I hadn't done good things I certainly wouldn't have been asked to speak at a big conference like TRAFFIC to share my years of knowledge, and experience with everyone and I had many come up to me afterwards and thank me for sharing so well.

One thing I have learned in business is when one division's idea doesn't work, you don't sink your ship to make it work or you'll make everything get impacted. The best way is to either come up with solutions or just stop the business of the division, take care of the remaining obligations, and call it a day. So I have been continuing payments as promptly as is viable without impacting other programs that are working. But we are in a very shaky economy right now and all of us have seen dramatic uncertainty, declines in revenues, and I am one to be frugal and cautious with expenditures during times like this to keep strong and be able to complete obligations. And I clearly stated that to you for the timing of your remaining 2 payments.

But geez James, to take this grandiose approach to attempt to defame me and libel me like my idea had ill intent is unfair. I have great stuff happening right now on the brokerage side so everything is good in that respect.

I also asked for phone calls to discuss but you didn't reply. So don't distort that either.

And yes this has been a stressful year so far on the personal side since my mother was hospitalized in January and still is very ill and has been on the verge of dying. When that happens in life it takes a big toll on your time and mind.

I am a good domainer and I do have integrity and I always strive to do my best and make every new business idea work to it's fullest potential. I've made a lot of money for my clients since getting into domain investing for over 14 years now and I'm not going to allow you to make me look like an ass clown and not defend myself and my reputation.

And I'm not going to be vindictive and say things I could about you either. That's not my style. I welcome discussion and I always welcome communications to solve issues on an amicable basis.

Everyone who knows me knows how much I value my reputation and that I would never let anyone tarnish that.

If anyone would like to discuss my comment here or ask me questions directly about this situation, I can be reached by e-mail at

[email protected].
 

razorblade

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Re: Phone Call
From:
James Barclay <[email protected]>
View Contact


Kevin - dont try to walk away from the truth. FACT:You owed me monthly payments that were not paid in a timely fashion. FACT And the last two months you have not paid me at all. FACT: Each time i requested from you the money you would come up with different excuses. If you disagree with these facts please say so and i will publish the back and forth comments between yourself and i over the last few months. That is your shout.

As to not talking to you on the phone about this.....please read this email I sent to you today in response to your email to me:

Re: Phone Call
From:
James Barclay <[email protected]>
View Contact
To: Kevin <[email protected]>
We have not worked together very well at all. For the last eight months you were late in making promised payments and for the last six weeks i have received nothing. Every email i sent you was brushed away with 'youre next on the list' or cannot pay on expected date but will pay as soon as i get an expected deal to go through.

The time for talking is long over and in my last pm to you i stated that the pm would be my last direct contact with you. Did you think i would go away and let you get away with what you were doing to me. Do you expect me to believe that you do not possess $800 a month to pay me on time as agreed?

That is not called working well together. It is called 'enough is enough'.

From: Kevin <[email protected]>
To: James Barclay <[email protected]>
Sent: Sun, March 13, 2011 10:30:35 AM
Subject: Phone Call

James,

We've worked together very well and I cannot believe what you are doing now.

What number can I call you on? I've tried your past numbers and none are connecting.

Kevin


To: Kevin <[email protected]>
We have not worked together very well at all. For the last eight months you were late in making promised payments and for the last six weeks i have received nothing. Every email i sent you was brushed away with 'youre next on the list' or cannot pay on expected date but will pay as soon as i get an expected deal to go through.

The time for talking is long over and in my last pm to you i stated that the pm would be my last direct contact with you. Did you think i would go away and let you get away with what you were doing to me. Do you expect me to believe that you do not possess $800 a month to pay me on time as agreed?

That is not called working well together. It is called 'enough is enough'.

From: Kevin <[email protected]>
To: James Barclay <[email protected]>
Sent: Sun, March 13, 2011 10:30:35 AM
Subject: Phone Call

James,

We've worked together very well and I cannot believe what you are doing now.

What number can I call you on? I've tried your past numbers and none are connecting.

Kevin

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

And just on sample of the begging for my money correspondence between us

November 23, 2010 at 6:59am
Kevin - what day will you be able to send me the $750? ($50 already paid)

Kevin Leto November 24, 2010 at 8:41am Report
You're on the priorty list.

James Barclay November 30, 2010 at 5:47am
Please Kevin - whatever you do today, please make sure that you dont default on the payment plan. You have asked me for flexability and I have said no problem. But that does not extend to not getting paid by the end of the month. It is such a shame that I am having to beg for what was promised in a contractual agreement.

In the same way that I thanked you wholeheartedly for helping put some money in both our pockets, please be aware that I do not have the luxury of missing out on the payment plan. So far, I have sent xxx and xxx their money, but have received nothing myself. It is not fair. And if I am on the priority list - how does that work , if I am still not getting paid by the last day of the month?

I notice that you are still advertising for fixed income domains.... How do you think that makes me feel.??

I really hope that you make the right decision today.
 

KRL

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James you made money so quit making things distorted.

Some business ideas work. Some don't. When one idea doesn't work like I said above you honor and take care of the remaining obligations which I've been doing.

I don't know what your motivations are but trying to ruin my reputation isn't fair in light of that fact and I will defend myself.

Kevin

3 Domains / Fixed Income Payment 04/04/10-01 $450
3 Domains / Fixed Income Payment 05/04/10-02 $450
3 Domains / Fixed Income Payment 06/04/10-03 $450
4 Domains / Fixed Income Payment 07/04/10-04 $450 + $50 = $500
Fixed Income Domains Payment 08/04/10-05 $450 + $50 = $500
Fixed Income Domains Payment 09/04/10-06 $450 + $50 = $500
Fixed Income Domains Payment 10/04/10-07 $450 + $50 = $500 PAID ON 10/20/10
Fixed Income Domains Payment 11/04/10-08 $450 + $50 = $500 PAID ON 11/30/10
Fixed Income Domains Payment 12/04/10-09 $450 + $50 = $500 PAID ON 01/04/11
Fixed Income Domains Payment 01/04/10-10 $450 + $50 = $500 PAID ON 01/25/11
 

razorblade

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Issues in August


James Barclay August 12, 2010 at 7:38pm
Kev, I am being asked about the money from xxxxx. I do not have the $250 to lay out on the 18th, although I did lay out for the $500 name for xxxx.. Will you confirm a date with me for the very latest I can expect to get the monies. I would hate to look bad by being late on the payments with them......

Kevin Leto August 13, 2010 at 5:13am Report
My funds transfer should be hitting paypal today.

James Barclay August 15, 2010 at 12:03pm
Any news Kevin,

The 18th is only two days away. I need to have the money for the 18th. Please do not forget the money from the 8th aswell.

To be perfectly honest, I am feeling a little nervous (and let down) having to chase you with emails about payments owed.

James Barclay August 16, 2010


Issues in November

November 23, 2010 at 6:59am
Kevin - what day will you be able to send me the $750? ($50 already paid)

Kevin Leto November 24, 2010 at 8:41am Report
You're on the priorty list.

James Barclay November 30, 2010 at 5:47am
Please Kevin - whatever you do today, please make sure that you dont default on the payment plan. You have asked me for flexability and I have said no problem. But that does not extend to not getting paid by the end of the month. It is such a shame that I am having to beg for what was promised in a contractual agreement.

In the same way that I thanked you wholeheartedly for helping put some money in both our pockets, please be aware that I do not have the luxury of missing out on the payment plan. So far, I have sent xxx and xxx their money, but have received nothing myself. It is not fair. And if I am on the priority list - how does that work , if I am still not getting paid by the last day of the month?

I notice that you are still advertising for fixed income domains.... How do you think that makes me feel.??

I really hope that you make the right decision today.


Issues since January


James Barclay December 10, 2010 at 8:55pm
Please let me know a date when you can make the $800 payment this month .

Kevin - its been four months now that you have defaulted on payment due date, including a payment for this month aswell.

I am no longer prepared to put up with this.

If you dont keep to prearranged contractual agreements, I will have no alternative than to seek remedial measures aswell as letting people know that your fixed domains may be fixed - but the dates certainly are not and payments are sporadic at best.

I think you would be the first to agree that you have been letting me down month after month.

So - waiting games and flexability have come to an end. I would like to get paid on time every month.

I hope you acknowledge this email has been a last resort and I have been more than patient with you - much longer than anyone else would - and I have come to the end of my rope.

Kevin Leto December 10, 2010 at 11:03pm Report
James I'm working on getting this structured better on the timelines. I had hoped you were going to do what you had promised and market at a consumer based ROI, which wasn't done. I had hoped this would be a self funding division, now with the ad market still weak, I have to fund this all from BTD.

Anyways, since we are biz partners on DT.TV and I would like to keep a good relationship with you, I would appreciate you not making threats towards me. That really really rubs me the wrong way. Issues always happen in business. You deal with them and get things right. But it doesn't help when the person you are working with to get things right with is taking an attack posture. So please you've gotten your payments already so far of $3400 on $4500+$450, so that is already 70% ROI. And after this month's payment you'll be at 80% payback so far.

Good things are happening in other divisions so that is good.

So I will take good care of you. I like you and want to continue a good relationship together.

Kevin

James Barclay December 10, 2010 at 11:17pm
i take the threat back. Pay me when you can.

Kevin Leto December 10, 2010 at 11:24pm Report
Thank you James. I just sent you xxxx payment.

Kev

James Barclay January 1 at 1:39pm
whats going on kevin?

James Barclay February 22 at 12:48pm
kevin - please can you tell me when i will get the 800 dollars for the month of february. i would like you to give me a firm date please

Kevin Leto February 23 at 4:12am Report
I'm expecting to close some sales this week. Your first in line for payments.

James Barclay February 28 at 6:36am
last day of february and still nothing. What good is first in line when you are not meeting your obligations at all.

Anyway, i am getting more and more tired with this cat and mouse game. Everyone has a breaking point and i am surely there any day now.

For the last time - please pay me according to the contractual agreement for $800 for the month of February - now long overdue.

Kevin Leto February 28 at 6:56am Report
Hi James,

I am not playing games and I wish you would stop feeling that way.
I recognize all the obligations at hand. My monthly overhead is enormous and I take care of everyone as fast as the incoming flow allows.

The domain market has become next to impossible to deal with compared to the way it was when we started working together. At any time I've got $10k to $50k of inventory for sale. The market is flooded with sellers and buyers are grabbing the deals where sellers are litterally giving away domains for nothing. It doesn't do any good to sell for nothing. I've got very low prices but it takes way longer to get sales. It's never been like this for domain investors. PPC dived too as I'm sure you've recognized so you have to monetize much differently than before as well.

I've got people that owe me money that are late paying me. I'm trying to get that in today.

If you'd like to talk on the phone call this morning on 561-208-8244. I've got to walk my dog now, but will be back and available for a call in 45 mins.

Kevin

James Barclay March 2 at 4:30pm
I have no doubt Kevin that if you were rolling in cash that you would be paying me on time.

Unfortunately, you never sold me on making 12 monthly payments if and when you can. You sold me (and i sold two others) on the fact that your excellent reputation in the domaining business warranted your trust that I would be paid for 12 months on time every time.

To be blunt, your situation is very similar to alot of others, myself included. i am selling excellent names at bargain basement prices to try and keep my head above water. But if I make a promise supported by a contract, I would only enter that if I was assured that no matter what - I could pay the installments on time.

You have not done this for the last eight months and you have defaulted yet again by an entire month.

So I feel for you, but I am not responsible for your troubles. You are only as good as your word that you gave Kevin.........

Kevin Leto March 2 at 4:45pm Report
Hi James,

I've got good growth ideas working and the only idea from last year not working on a timely basis is the fixed income concept for the reasons we've discussed. My word is something I take very seriously. But if stuff beyond your control impacts a business concept it creates challenges to even the best of concepts. I'm not marketing the FID concept further with the way domain market conditions have continued to slide.

So I'm working on a way to keep the FID payments balanced as timely as possible until all are paid in full.

You have 2 more payments on your first deal, and we're 1/2 way on the 2 clients.

Kevin

James Barclay March 7 at 4:01pm
ok, but an entire month to go by without anything is unacceptable. you should know i am paying out of my own pockets $250 a month to the two other people concerned in this venture - leaving me to take the hit when all i was trying to do was help getting you more clients.

Kevin Leto March 7 at 4:19pm Report
I know. I know. I know. The domain market has become illiquid.

James Barclay March 8 at 7:17am
So after all this back and fourth - you have yet to give me a date for my february payment. Tell me the exact date please so that i dont have to feel like an idiot begging for my money - even though this is exactly what \i am doing.

This will be my last correspondence with you directly.
Sent via Facebook Mobile

Kevin Leto March 8 at 7:20am Report
I will give you a date as soon as I have it James.
 

KRL

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James for someone who got money monthly over the past year from our business together and I even made you additional money
selling Trading.tv for you I think your malicious actions here are showing how unwarranted your statements are.

Like I've stated repeatedly, you liked the concept so much you even marketed it yourself. So the fact that it it needed more tweaks
to adjust for all the stuff in the market and the economy that impacted it beyond my control, and I didn't see value in further developing
it going forward for another year, that is business. You honor your remaining obligations which I am doing.

I have a lot of ventures I'm working on right now and I take care of things as fast as possible without impacting the performance of
things that are doing well.

---------- Post added at 09:14 AM ---------- Previous post was at 09:10 AM ----------

And thank you for the drama. You gotta love the Net.

Chill out. You've made your point and I've made mine.

As I said in my e-mails positive communications always work best to resolve issues. I've asked for your new phone number
in Israel to call you.

Doing malicious stuff like this is not the way.
 

razorblade

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I think people are wise enough to see through your BS. All our conversation i quoted above is taken verbatem from our facebook pms. If you feel that paying your monthly payments late all the time and most recently six weeks late (and counting) is honorable business practice and that in fact you are the injured party here then you truly are on another planet.
 

bwhhisc

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If you feel that paying your monthly payments late all the time and most recently six weeks late (and counting) is honorable business practice and that in fact you are the injured party here then you truly are on another planet.

What does your contract say about late payments??
Seems there should be something that addresses additional compensation and/or remedy for late payment or default.
 

razorblade

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What does your contract say about late payments??
Seems there should be something that addresses additional compensation and/or remedy for late payment or default.

Unfortunately, the contract says absolutely zip about late payment or default. Having got a recommendation along with all the info i read about him online - i was naive enough to sign up to a very simple and benign contract.

I simply did not consider that he would not perform as stated in the contract - given his rep.
 

KRL

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James, I've addressed your comments and stated my facts, my positions and my rebuttals to your remarks. What else would you like me to say????

The world is in economic chaos unlike anything we've ever experienced. When times are like this, you have to manage your businesses with prudence
and 24/7 care to make sure your ventures that are working well stay strong and the ventures that aren't you have to either restructure, re-capitalize or discontinue.

In order to honor your obligations from anything that doesn't perform well, you have to keep your best ships sailing.

Everyone knows the domain market is no longer as liquid as it used to be, so it takes longer to pull out cash from your
portfolio these days, unless you want to sell your domains for pennies, which is ridiculous. The dollar is declining in value every day.
Most domainers have wisely moved out of cash investments and gone into commodities, domains for the long term, and the like. So when
you want to cash out domain assets for funding things you have to allow for a longer time. I told you I was re-capitalizing that division
with some domain sales.

Kevin
 

razorblade

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James, I've addressed your comments and stated my facts, my positions and my rebuttals to your remarks. What else would you like me to say????
The world is in economic chaos unlike anything we've ever experienced. When times are like this, you have to manage your businesses with prudence
Kevin

You are managing your business prudently with my money. Great.
 

KRL

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James even though you are trashing me, LOL, I must say I still get a kick out of your wit and style.

Let There Be Peace!

---------- Post added at 10:18 AM ---------- Previous post was at 10:16 AM ----------

And will you please e-mail your new phone number. I do have good news to discuss.
 

razorblade

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James even though you are trashing me, LOL, I must say I still get a kick out of your wit and style.

Let There Be Peace!

---------- Post added at 10:18 AM ---------- Previous post was at 10:16 AM ----------

And will you please e-mail your new phone number. I do have good news to discuss.

Let there be peace is a silly dream i have about one day there being peace between Jews and Arabs. Glad it made you laugh out loud.

The good news you have for me i am assuming is part of my payments owed being ready for delivery. In which case, you have my paypal account details.
 

KRL

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Total Money I've Sent You Over The Past Year James

$4800 FID INCOME

$550 Your Commishes

$1750 Your 1/2 of the Trading.TV sale

$7,100 Total

And Then $1800 to your 2 clients

$8,900 Total

Total Money You've Sent Me

$7400

Time to get a new calculator my friend.

And the total remaining payments thru to July of this year:

$900 + $300 = $1200 Your FID Income

Your 2 clients remaining 6 income payments thru to July $1800
 

razorblade

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you are looking more and more desperate by the minute.

1. Selling trading.tv was a totally separate venture and had nothing to do with the fixed income domains.

It also put $1750 in your pocket. You must do pretty well when filing for your taxes.

2. The fact that you have paid me most of my money back is not something i am refuting.

I am stating that you have consistently defaulted on when i would receive the monthly payments as per all the facebook data i copied and pasted.

You do not deserve a handshake for eventually paying the money on your timescale. The way you treated me was a laughing stock to you, but extreme anxiety to me.

3. Finally, the whole point of the deal was that i end up with 20% profit, so you are obliged to pay me that extra 20% instead of giving yourself a clap on the shoulder for eventually coming up with most of the money that i gave you.

4. You have still not indicated when i will receive Feb and March payments.

5. if you expect anyone on this board to believe that you cannot come up with the $800 and have paid me six weeks ago - you need to re-think your lies.

I have had enough people pm me that you saying you cant come up with $800 with your portfolio of names is a total joke....

i think the only person you are kidding here is yourself and u r digging a deeper hole with every comment you make.
 

TheLegendaryJP

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I think most troubling for me at this point is the business model, we still are not clear on what it is, examples of the developed names ( in James case ) and how they are earning revenue. Until that is explained ( by either party involved ), this doesnt look good.

Basically where specifically is money being made here?
 

KRL

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The bottom line is still the bottom line James. You're ahead in the $.

So don't trash me like I'm out to do you wrong in any way shape or form. I certainly am not.

I've got to get back to work so please send me your phone number and I'll update you.

Kev
 

razorblade

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I think most troubling for me at this point is the business model, we still are not clear on what it is, examples of the developed names ( in James case ) and how they are earning revenue. Until that is explained ( by either party involved ), this doesnt look good.

Basically where specifically is money being made here?

For me the angle was that I would get names like corporatetraveldeals.com, trustfundlawyers.com and earn 20% on top of the money that i lent to Kevin for these names. I asked Kevin how he makes his money out of the deal and he said that basically, if he has liquidity, then since he is so good at domaining, he could make much more money back over the course of the year through domaining than the money I lent him plus 20%.

Alarm bells were ringing thats for sure.....but i thought - there is no way this guy is going to fxxx with me over high xxxx $ given his rep until that date.
 

KRL

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The concept is similar to a purchase / leaseback business model Josh. Like in real estate where you sell a building and then
lease it back with fixed payments to the buyer for a set time. I think it's still an innovative domain platform idea since domains are like
real estate and it just needs more tweeking and investment.

---------- Post added at 11:23 AM ---------- Previous post was at 11:19 AM ----------

The concept is similar to a purchase / leaseback business model Josh. Like in real estate where you sell a building and then
lease it back with fixed payments to the buyer for a set time. I think it's still an innovative domain platform idea since domains are like
real estate and it just needs more tweeking and investment.

And like James said, the model could expand you domain sales, broaden the domains to broker down the road, and also the opportunity to acquire additional domains.

---------- Post added at 11:26 AM ---------- Previous post was at 11:23 AM ----------

The challenge of the platform Josh is when the domain market goes soft and illiquid to the extent it is now,
then the profitability of domain reinvestment declines.
 
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