For Sale .ca bought through CIRA, seller not transferring

[onlinestoreca]

I just recently agreed to buy a .ca name through SEDO.com. To do this I had to send SEDO money, they hold it until the transfer is complete.

The seller is not acknowledging me and not following through with the transfer. 5 weeks ago, we both agreed to the SEDO contract, which we had to check an option box that we agreed to the deal. It is a legal contract from SEDO, SEDO resides in the U.S.

I can easily get my purchasing money back although I have lost the transfer costs of $50 for the domain name twice now.

I would really like to get this name, I am thinking of pursuing legal action, although I know that it is a long, ugly and expensive road.

Anyone have any advice? Should I try to contact CIRA? I'm assuming they won't give a crap.

 

[jaydub]

CIRA haven't done anything wrong here unless they are ignoring the transfer request...and that has never been my experience...so far.

Perhaps the seller doesn't know what is required to get the name to you.


SEDO is who should be all over this.....they are the ones charging the fees....that's who I would be peeved with.....
I mean...5 weeks...get real SEDO

....

 

[onlinestoreca]

I wasn't thinking that CIRA had done anything wrong. I was hoping they might be able to help me if worse came to worse, which we aren't close to yet. My question about CIRA should probably have been worded - Would CIRA ever get involved in a situation like this?

 

[hugegrowth]

There is not much you can do if the seller decides not to sell. Sedo can only do so much too. I've heard of them banning sellers who don't follow up like this. The risk to sellers on Sedo is that if they don't honor their agreement, they risk losing their Sedo account, which can be a big deal if you have a lot of domains listed with them.

 

[onlinestoreca]

I'd like to think that the online contract that we agreed to, holds some water. I would assume that when two people agree to a contract that it is binding.

 

[Irish31]

It certainly should be binding and hold all legal standards that go along with it. However, getting someone to enforce this all may be the problem.

I hope you get this all sorted out, sounds like a massive headache in the making.

 

[Dale Hubbard]

In all probabilty, CIRA will not get involved.

 

[Brujah]

CIRA can be difficult to get around. I've been having a lot of trouble getting a name properly transferred.

 

[ianccc]

Is your salesmak Gregg at Sedo
every Sedo tranaction involving a CA is trouble

 

[RazorNF]

Sedo should have considered the transaction dead if the registrant didn't confirm within the 7 day cira confirmation window and subsequently did not provide any explanation why.

Give Sedo a call and tell them it makes no sense to keep dragging this out, once the time expires, there's no way to complete the transfer without paying for and reissuing a request. Also try sending an email to the admin contact to see if it's still valid...

Who's charging $50 for transfers? Perhaps it time to consider a different registrar...

 

[onlinestoreca]

The transfer is with Internic.ca, yes I hate the $50 transfer, but it is an insignificant cost in the overall purchase. I am most concerned about whether the contract is binding.

The whois admin and tech contacts aren't valid, and I am working on resolving that now, I'm hoping that is the problem, however SEDO leads me to believe they have contact with the Seller, AND the Seller did agree to all of this just weeks ago.

I appreciate the input and advice, I have never had an issue that I couldn't resolve with a transfer before. This one has been very frustrating.

 

[RazorNF]

The whois admin and tech contacts aren't valid, and I am working on resolving that now, I'm hoping that is the problem, however SEDO leads me to believe they have contact with the Seller, AND the Seller did agree to all of this just weeks ago.

Well then that's kinda the answer right there. Since the admin email isn't valid, there isn't anyway to have received the confirmation emails.

It would be interesting to know what, if anything, cira does when the admin emails bounce. I think the next step you should do is to call the admin phone # to check if even that is valid. Maybe he doesn't even know any of this is going on?

 

[onlinestoreca]

I have attempted to call the number and someone answers and says that the number I am dialing is a different number than the one I am dialing. I call back and get the same person, it's kind of weird???

I know that CIRA can't email the person, and this is where I have been pushing SEDO to help. I am still waiting from them, it is very frustrating. As I mentioned there must be some kind of contact, the guy accepted the offer a few weeks ago.

Can CIRA do a transfer if an email is not valid? I assume that is going to also be ugly.

 

[jaydub]

Have you tried posting in the SEDO section of the forum...don't know if it will help but..

http://www.dnforum.com/f129/

 

[RazorNF]

Can CIRA do a transfer if an email is not valid? I assume that is going to also be ugly.

Nope, but you can report it, and I guess cira may suspend it if they don't get the registrant to fix it. But then you will end up having to contend for it at a future TBR...

 

[Rebel.com]

CIRA can do the transfer if the current owner knows what their CIRA login information is. If they know this and they know the transfer has been submitted all they have to do is go to www.cira.ca and login to accept the transfer. The only purpose for the admin email is to notify of the transfer and send out the login details.

I work the the sister company and parent company of Internic.ca. If you want to PM me and may be able to work with you and the current owner to get things pushed through. You can also email me at [email protected].

 

[DropWizard.com]

May I also suggest you post the name of the deadbeat owner. And save us all some future problems!!!

 

[onlinestoreca]

I will be posting any details that might help domainers in the future, the good and the bad.

The seller is no longer responding to SEDO. SEDO has basically said that they will have to soon drop the transfer and return my money. So all that I have at this point is a contract, which I am hoping is enough.

Is this the point where I can start a dispute resolution with CIRA, or is that only for domain names with trademark issues?

Before I contact CIRA, I would appreciate anyone's advice.

 

[onlinestoreca]

It's been about two months and this guy is just not going to transfer the domain name. I have a contract with SEDO that he has agreed to, SEDO has had my money for 2 months, so I am not sure about my next step.

I don't want my money back, I want and deserve the name.

Before I proceed legally, I would like to contact CIRA and have the name frozen, so he can't sell it to someone else, or transfer it to a friend.

Does this make sense, or is that even possible? I don't know if that is what the dispute resolution is for, I tried reading the dispute resolution policy but there was just too many herewithfornows and thereforewithevers. I believe I am intelligent, but I couldn't figure it out -lol.

 

[katherine]

I pretty much doubt Cira is going to do anything. After all why would they get involved in a private dispute ? The transaction does not fall within the scope of dispute resolution either.
I guess only a court order could enforce your contract at Cira level. The only thing Sedo can do is apply maximum pressure on the buyer and close their account as a last resort. You can also check the whois on the name to identify the other party and pursue on your own. Good luck :worried: