Dangers of contracting a Broker?

[BostonDomainer]

I have a question which I would really appreciate some clarity on by the minds of DNF. I have a few names stashed away from the old days- nothing too too spectacular. Lately I've been considering hiring a broker who can effectively pursue end users in a "name-targeted" manner so to speak. My question is such: If I hire a broker and lets say he/she approaches a well known company with several marks. And let's say brand sees approach as "dissatisfying" [nota bene: domain is not a typo, simply useful for service rendered by given name of company though name has never been used in bad faith]. Where does indemnification fall? Would I in any way be equitably, explicitly, or contractually indemnified? Or if any misgivings, would the broker be liable? What if broker "sub-leased"?

(This isn't a current situation I'm involved. It is a heavily possible scenario if I were to hire a broker?)

 

[jberryhill]

Would I in any way be equitably, explicitly, or contractually indemnified?

This used to be a UDRP frequent-flier issue.

You are going to be held liable if your broker tries to sell to a TM owner, and you cannot insulate yourself from that. The broker will be found to be your agent.

This is a real problem when officious intermeddlers attempt to "sell" domains over which they haven't been granted any authority.

For example, I have seen instances in which a registrar receives an inquiry about a domain name, and tries to bid up the prospective purchaser before even telling the domain registrant about it. In that situation, the domain registrant might be glad to hear about the large "offer" received when the registrar has already bid up the price, or infuriated to find out that the registrar is getting the domain registrant in trouble.

One registrar does this somewhat habitually.

 

[Theo]

John, there has been a case on DNForum recently whereupon someone was bidding on NameJet - thinking they'd get a domain - and contacted a tm holder for that domain, which responded in an assertive way; then came to DNForum to "announce" that anyone bidding on that domain might face the tm holder's wrath.

 

[Biggie]

i have never contacted a broker or sought out to hire one, though i have sold domains thru a broker.

the broker already had a buyer, who submitted a generous starting offer.

that buyer later became a repeat customer, often tendering offers well above reseller multiples.

This is a real problem when officious intermeddlers attempt to "sell" domains over which they haven't been granted any authority.

While i agree with Mr Berryhill's statement, in my case the broker was "buying" on behalf of another.

Those are the kind of brokers that i have no problems with.