For Sale .ca bought through CIRA, seller not transferring

[onlinestoreca]

I was hoping that if I provided CIRA with the purchase contract, they would either enforce the transfer or freeze the name until it is resolved.

 

[Daem0n]

That is interesting. I would provide CIRA with all of that information and see what they say. They must have a dispute ombudsperson or something. At the least they would try to establish a contact with the owner to make sure that their WHOIS info is up to date. Although, be careful - I think someone mentioned this before...that if their WHOIS is not accurate they (CIRA) may drop the domain and then you'd have to compete at TBR auctions for it. Just some ideas, I have no idea how things will/would work.

 

[onlinestoreca]

Good advice, because their contact email is not up to date.

I contacted CIRA, they have 2 organizations that take care of dispute resolution, they are called Service Providers. They cost a minimum of approximately $2000 plus other possible fees. They render a decision and CIRA abides by that decision, however it can be appealed in the court of law.

The problem for me is that they are set up for trademark and bad faith domain name resolutions, not contracts.

It looks like my only avenue is legal. Now I have to decide whether or not, the costs involved are worth it.

 

[DropWizard.com]

Your best course of action may be small claims court. Present the contract and get a judgement along with a court order for transfer and that you can enforce at CIRA.

Small claims is cheap (I think around $75 in BC) and you don't need a lawyer. The judge will guide you and ask the relevent questions if needed.

 

[onlinestoreca]

I've been to small claims court before. That's a very good idea. I didn't know they could issue a judgement that would involve anything other than money, but it makes sense.

Two problems, I believe that I would have to travel to the Registrant's city (I will look into that), and Small Claims usually takes so long, that I worry the expiration date will come, or the name will be sold.

I will probably start with a visit to my lawyer to see the best course of action.

 

[DropWizard.com]

I've been to small claims court before. That's a very good idea. I didn't know they could issue a judgement that would involve anything other than money, but it makes sense.

Two problems, I believe that I would have to travel to the Registrant's city (I will look into that), and Small Claims usually takes so long, that I worry the expiration date will come, or the name will be sold.

I will probably start with a visit to my lawyer to see the best course of action.

They will issue a breach of contract judgement for money which you then use to apply for an seizure (of assets) order. That part could cost a lot so it would depend what the domain is really worth and I'm not absolutely sure if a domain could be considered a seizable asset. In some respects it would be like seizing someone's phone number. I'm not even sure a lawyer would know the answer to that. If you're talking under a couple of k here I don't think I would bother.

But if it was a whale.......:lol:

BTW there were a whole bunch of legal and securities "act" actions on Albert Budai (registrant) that may provide some legal precedence for your lawyer.

 

[onlinestoreca]

Thanks for the tip about Albert, I have started my research and I will include that. The more you can do for your lawyer, the less they will charge you.

I am going to see my lawyer on Monday. I would value the name at a realistic $10K, although I realize that it's very hard to value names.

I would hope that the RegistRAR would abide by any court decisions.

 

[Premiumhosted]

Too much time and effort involved, these things happen. Same thing happened to me numerous times when I had buyers for domains they backed out of sale.

Almost nothing you can do.