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Bought on Sedo.. seller must close Afternic auction.. correct

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impulseleads

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I bought a name at a buy now price that the Seller put in.. this was not an old price.. we were negotiating back and forth over the course for a few hours and the seller put in the price he wanted.
I agreed to the price after 1 day (as the deal happened over Christmas) The seller had put in a comment to me on his fist counter offer but sedo reviews it for 2 days so I could not see it. The comment was..
At auction now on afternic.com - I did not know this but I don’t think it really matters as the seller put in a counter offer that was what he wanted to sell the domain at and this counter price is valid for 7 days.
I accepted the offer - the domain is still in auction..
Should I simply contact afternic.com – their site is down for me now.. and tell them to remove the auction as I have purchased the name? I am worried as the price at the auction has not gone over the price I paid.. I stil don’t think this matters as the seller is the one that put in the buy now price for me at sedo and I accepted that offer.

Advice?
 
Dynadot - Expired Domain Auctions

mvl

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It is the sellers problem, not yours. If he wanted to sell at Afternic he should not have offered you a BIN at Sedo. Since he made you an offer which you accepted you have a legally binding contract.

Besides, I think Sedo normally wouldn't allow someone to advertise an Afternic.com auction in negotiation comments.
 

impulseleads

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Yep.. so.. talked to both sedo and afternic before the auction closed.. problem was both their legal teams were away until well tomorrow.
Sedo said to go through with the deal with them (so I did and they have the cash now 15K)
They basically said if the seller tries to back out (he is now) that after they talk with their legal team they will give me his info so I can sue him

Afternic.. basically could not get ahold of the seller and let the auction end.. went for 26K or so.. I did not bid on that auction and told them I would not as I had a binding contract with the seller at sedo.. Anyway now I have to wait to hear back from them on Wednesday to see if they will let the transaction go through at afternic. I have told them I will be suing the seller and want to know if I can stop or slow down the transaction so I don't have to end up going to the new owner and trying to get the name.

Either way I would like to get a good domain lawyer as I am no intention of letting this slide and feel I have a great legal case as well as lots of back up documents and e-mails.

anyone have someone they have used in the past?
 
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