Renegged Domain Sale Offer After Receipt of Payment

[California Kid]

We offered to buy a domain which the seller agreed to, sent an agreement which we signed and made the first payment as specified. The check payment was tendered by the seller. Now he says he wants to withdraw the agreement, return the payment made and sell it to someone for more money.

Does anyone have any experience with similar situation and suggestions?

 

[Biggie]

if you don't agree to withdraw the agreement...

then if the agreement is valid and applicable to areas (regions) bounded by/including such, not withstanding such, as specified within and pertaining to, blah, blah blah, then you would have legal recourse.

if p2p deal, were the documents notarized?

was a 3rd party involved?

price of domain may affect decisions

 

[amplify]

We offered to buy a domain which the seller agreed to, sent an agreement which we signed and made the first payment as specified. The check payment was tendered by the seller. Now he says he wants to withdraw the agreement, return the payment made and sell it to someone for more money.

Does anyone have any experience with similar situation and suggestions?

Yeah, on this forum by a reputable member actually. My suggestion is to get over it.

 

[DigiNames]

Is the seller in the United States? If so, you have legal recourse, but it probably isn't worth the trouble unless it is a pretty high-dollar transaction. You would need to contact a lawyer. They would probably file an injunction to stop the seller from selling or transferring the domain name, then the matter could be brought to civil trial.

Your best bet is to threaten legal action and hope they will follow through. From what you said, it seems like you have a strong case with the signed agreement and the fact that that they accepted your first payment already. If you take them to court and win, they would likely be responsible for your legal fees in addition to their own.

 

[Theo]

Name and shame them.

 

[doc24]

Agree

Name and shame them.

 

[angel69]

There's a signed agreement, that works in your favor as long as he's also in the US (seller) but it's an expensive and time-consuming process. DigiNames' suggestion is great but you'd have to have a high probability of winning so you may also recover legal costs. It's risky. Move on and just take the money back from him. And don't forget to make his info public on forums. That's what I'd do

It's hard when the domain you thought you were buying was a bargain, if so I'd be upset too. But if it's an average transaction, where you did OK but not "great" then just let it go. The time you'll need to waste on this may be the biggest factor, so recovering legal costs and getting the domain is not all to be considered

Is the seller in the United States? If so, you have legal recourse, but it probably isn't worth the trouble unless it is a pretty high-dollar transaction. You would need to contact a lawyer. They would probably file an injunction to stop the seller from selling or transferring the domain name, then the matter could be brought to civil trial.

Your best bet is to threaten legal action and hope they will follow through. From what you said, it seems like you have a strong case with the signed agreement and the fact that that they accepted your first payment already. If you take them to court and win, they would likely be responsible for your legal fees in addition to their own.

 

[Gerry]

There's a signed agreement, that works in your favor as long as he's also in the US (seller)...

Sometimes in the very near future there will most likely be an end to this mindset. The internet does not have boundaries or borders. Digital goods are digital goods.

Enforcement, like anything, is the primary issue regardless of where someone lives.

If there was a substantial amount involved then I would certainly not hesitate to contact an attorney in the seller's municipality to represent your cause.

 

[Theo]

In the year 2099, Judge Dredd would take care of such lawbreakers, delivering judgement with his Lawgiver

 

[angel69]

True, and it should become that way as we get more and more into the Digital Age

I don't have a problem if the buyer gets a lawyer, like I said let's hope they have a good chance of prevailing so those legal costs can be recovered. But rather than concentrating on the amount of the transaction I think the emphasis should be on "Was it such a killer deal for me as the buyer that I won't find another opportunity like this in years ?" That's how I'd approach it. If they paid $20K but that type of name normally sells for around $20K ...... is it worth it ? Or, another thing may be the uniquess of the domain. If it was 88.com then by all means, lawyer up lol

Sometimes in the very near future there will most likely be an end to this mindset. The internet does not have boundaries or borders. Digital goods are digital goods. Enforcement, like anything, is the primary issue regardless of where someone lives.

If there was a substantial amount involved then I would certainly not hesitate to contact an attorney in the seller's municipality to represent your cause.

 

[Gerry]

lawyer up!

 

[angel69]

I was reading about a similar case and two more examples came to mind about this situation in which the aggrieved party (buyer) may decide to take it further

- If the domain was almost made for you (if you own a bamboo furniture store and the domain was "ExoticBamboo.com" or something) or if it was some other endeavor of yours and the domain was just the right fit. Then it would be really aggravating

- If the domain is the type that hardly ever comes along, like a great NNN.com or LLL.com, or something generic you almost never see for sale. Then I'd be so frustrated I might just sue that guy

And couldn't the seller have come up with a somewhat more decent excuse not to sell ? Telling you somebody else offered more money is real bad and so would be asking you to match the new offer. He could've said he now decided to develop and that's why he reneged. I guess we should appreciate his candidness after all ?.... He could be new to the business and simply does not understand the consequences of reneging on a written agreement
:tsk:

(I wonder what made the buyer even draft a written agreement, ie it's unusual for domain trades if you'll be using Escrow.com or a known co as the middleman, and I bet it was not the seller's idea...)

 

[California Kid]

Thanks for your comments and thoughts. The fact that the seller has taken my money, has reneged on his written contract and has not returned my money tells me that he's a fraudster. Is there an organization which handles such on-line fraud? Or, what about the registrar of the domain? Any suggestions?

I was reading about a similar case and two more examples came to mind about this situation in which the aggrieved party (buyer) may decide to take it further

- If the domain was almost made for you (if you own a bamboo furniture store and the domain was "ExoticBamboo.com" or something) or if it was some other endeavor of yours and the domain was just the right fit. Then it would be really aggravating

- If the domain is the type that hardly ever comes along, like a great NNN.com or LLL.com, or something generic you almost never see for sale. Then I'd be so frustrated I might just sue that guy

And couldn't the seller have come up with a somewhat more decent excuse not to sell ? Telling you somebody else offered more money is real bad and so would be asking you to match the new offer. He could've said he now decided to develop and that's why he reneged. I guess we should appreciate his candidness after all ?.... He could be new to the business and simply does not understand the consequences of reneging on a written agreement
:tsk:

(I wonder what made the buyer even draft a written agreement, ie it's unusual for domain trades if you'll be using Escrow.com or a known co as the middleman, and I bet it was not the seller's idea...)

 

[Gerry]

Cut the BS and post the particulars about this person so everyone can be aware of this person.

 

[angel69]

I'm told the ultimate place to file this would be ic3.gov, run by the US gov, it is for internet fraud. It won't hurt to report him to his registrar, by now you know where the domain is as per the WHOIS, you may even get them to freeze the domain. Send them a copy of the writen agreement and the check (he already cashed it and hasn't given you the $ back) Let's hope the info on the WHOIS is legit (who he really is). Can it be he simply does not own the domain? I can't tell how you contacted thim at first. Thru the WHOIS? parked page link? within an auction site...?

And EXPOSE HIM ON DNF and other forums, win or lose in the end you should. And provide all his details, he may be known right here on DNF...

Good luck, anyway (since I don't know if the amount was $100, $1,000 or $10,000 I can't tell if hiring a lawyer will make the most sense....)
:boxing:

Thanks for your comments and thoughts. The fact that the seller has taken my money, has reneged on his written contract and has not returned my money tells me that he's a fraudster. Is there an organization which handles such on-line fraud? Or, what about the registrar of the domain? Any suggestions?

 

[zmonster]

Agree with the last 2 answers. This is the sort of situation everyone works to avoid. Absolutely you should be contacting the registrar, sending a copy of the agreement.

 

[California Kid]

Thanks, everyone. All very helpful comments and suggestions.

Once this matter gets rectified, I will post all of the details concerning the person so no one else has to deal with him.

I will post updates as things progress. However, FYI, I paid $2,000 and not he does not want to transfer the domain because he feels now he could have sold it for more. He has neither transfer the domain or issued a refund.

I'm told the ultimate place to file this would be ic3.gov, run by the US gov, it is for internet fraud. It won't hurt to report him to his registrar, by now you know where the domain is as per the WHOIS, you may even get them to freeze the domain. Send them a copy of the writen agreement and the check (he already cashed it and hasn't given you the $ back) Let's hope the info on the WHOIS is legit (who he really is). Can it be he simply does not own the domain? I can't tell how you contacted thim at first. Thru the WHOIS? parked page link? within an auction site...?

And EXPOSE HIM ON DNF and other forums, win or lose in the end you should. And provide all his details, he may be known right here on DNF...

Good luck, anyway (since I don't know if the amount was $100, $1,000 or $10,000 I can't tell if hiring a lawyer will make the most sense....)
:boxing:

 

[angel69]

It is a lot of money, at least it is for me. But I don't know that it's enough to grant hiring a lawyer, it may be. It'll probably be a wash if a lawyer gets you that $ back but ends up charging you around that too

It may be he's hoping you pay the extra $ he wants now, and would only transfer the domain if that happens. At this point I'd focus on threatening the scammer you'll expose him all over the net and with his own registrar (a written doc and check is plenty) if you don't get the full amount back immediately. Mention the lawyer too. I would forget about trying to reason w/him to honor the initial agreement, just try to get your $ back. That way you might not owe legal fees and you wouldn't try to "win" in both getting the domain and recovering legal fees, that's harder

Next time use Escrow.com or some other service, no need for written legal agreements. Or go thru auction services to sell/buy domains

Thanks, everyone. All very helpful comments and suggestions.

Once this matter gets rectified, I will post all of the details concerning the person so no one else has to deal with him.

I will post updates as things progress. However, FYI, I paid $2,000 and not he does not want to transfer the domain because he feels now he could have sold it for more. He has neither transfer the domain or issued a refund.

 

[EM @MAJ.com]

This is why I prefer to use Escrow service higher than $10K.

 

[katherine]

However, FYI, I paid $2,000 and not he does not want to transfer the domain because he feels now he could have sold it for more. He has neither transfer the domain or issued a refund.

Then he's not just a deadbeat, he should be treated like a potential thief.

If there is a written agreement signed by both parties, it is something that a lawyer can use.