How can I get my domain back?

[pam]

I sold a website with a domain back in the beginning of February. Received payment but the person changed their mind. To save myself aggravation I refunded her money. However, when I tried to get back my domain her registrar said no, you have to wait 60 days.

So, I waited, losing income every day.

This past week I issued a transfer for the domain back to me. Nothing happened. I reissued it again, and sent her a notice that I wanted my domain back.

Nothing.

I assume while I learned a valuable lesson, I'm screwed?

I sold about 25 sites with domain in the past year and this is the first one with an issue, so the odds are in my favor ....

 

[Coolalex]

Maybe she is just gone. What registar is it?

 

[pam]

It's at Wild West Domains and she isn't "gone", I see her posting on various forums and her websites are being updated daily.

Since she does not have a website on the domain, and the email she used IS at the domain .. she most likely isn't receiving the emails from my registrar (just realized that).

I do sort of know the guy who runs the ISP she has listed as the host, but hate to ask him to get in the middle, but if I can't reach her, I may have to.

 

[Dave Zan]

If you gave complete control and ownership of the domain name to the other
party (as in it's transferred to the other party's account), then I'm sorry to
say you're not going to get the domain name back. The transfer won't go thru
if the listed "transfer contact" on record (either registrant or admin contact)
won't approve it at all.

Needless to say you have learned a hard lesson the hard way. And it's all up
to you how far you wanna pursue this.

 

[tekz999]

Always get the money back before returning everything. Because the only one you can trust is yourself in this cyber world. Next time, use an intermediate service like escrow.com

 

[pam]

Uhm, there was no money to "get back", I had to return it to her. I sold her a domain, and actually paid her with a method that does not even allow chargebacks or any type of dispute. I'm just too nice and didn't want to screw someone.

 

[actnow]

Because the only one you can trust is yourself in this cyber world.

There are a number of people in the domain industry that conduct business
on the proverbial handshake. Our reputation is more valuable than a few or
a lot of dollars.

However, it is a wise decision to use some type of escrow service as a standard practice.

 

[lawpal]

It is simple - if the monetary value justifies it, then Sue, get a judgment in your favor in the form of a court order forcing the return of the asset, and then enforce the judgment with the registrars in question.

However, good luck with that.

ainkiller:

Received payment but the person changed their mind.

They changed their mind? Give me a break That is their tough s:censored:it.

You should have walked with your money and moved on with your life.

 

[Dave Zan]

I'm just too nice and didn't want to screw someone.

You're in good company. But honestly, you should've done as lawpal said.

 

[pam]

Well, she says she will return it ONLY if I pay her 2 years of domain registration fee AND repay the funds she paid out to transfer monies to me.

Her last 2 messages were that she'd gladly return the domain to me after the 60 days. We had no agreement of any refund of any monies and she can't change the terms mid-stream.

So, legal route I go.

I would not have felt right taking her money when she wanted to back out of the deal. I wasn't aware her registrar would block the return of the domain, though.

 

[dotNetKing]

I believe it is possible to transfer a domain back to the PREVIOUS registrar immediately without having to wait 60 days.

I think the 60 day rule is only if you want to transfer to a different registrar.

I think I did this once when register.com wanted to charge the new owner $200 for changing registrant name.

If I remember correctly, it didn't even need a special process - it was the ordinary transfer method.

Please correct me someone if I'm wrong here.

 

[pam]

Her registrar refused the return and told me I had to wait 60 days. She is trying to extort money, claiming she will return the domain only if I pay her domain registration fees and the costs for her to pay me.

This was not part of our agreement. She agreed to return the domain in 60 days as soon as my registrar contacted her.

Legal route is the way to go.

 

[Dave Zan]

When civil disputes like these occur, that's what Courts and mediation panels
are for.

 

[pam]

Yep, now she's attempting more extortion -- pay me the money I lost for the registration within a money or I will sell the domain, then bragging how she has business insurance so I'd lose in court.

 

[stevesko]

If you have the email threads you should be ok. Does she work this forum, perhaps some bad "press" might help.... Next time (hindsight is wonderful) you could refund the money when you get the domain back...

Steve

 

[pam]

She doesn't post here but I'm not vindictive, if I was I could make her life a living hell on the forums she posts on. It's just not me, ya know?

Obviously I'm not a lawyer and we had no written contract per se, but when she received her money back and I asked for the domain back, the 2 times she clearly said she would return the domain to me once the registrar requested it, well, that seems to be a contract of sorts and I don't feel she should be able to change the rules and demand repayment of something that was never mutually agreed upon.

That's for my attorney to determine and that's why he went to law school!