Suggest sticky: Age requirements to sell .com's

[bostondan]

I wont get into to many details but I bought a site around 10 months back through a webmaster forum. He was 17 at the time (now 18)
The site was shit back when he got it, now it does ~100$ a day.

He recently sued me to retain rights to regain his website, claiming as a minor he is unable to bind into a contract, and that the website was worth considerably more than it was sold for (it wasnt)

He won. Its not really setting me back (I still have 20 more sites with revenue) but the entire thing was shocking.
I highly reccomend that from now on, all of you guys who buy sites ask POINT BLANK in the thread if the seller is over 18. (or better yet, have DNF require them to post there age in for sale threads) If he says yes, this will resolve you of any legal problems.
I realise this may be a isolated incident, but it is not impossible for it to happen again, for a much larger amount. Imagine you buy a site for 5k, and spend 6 months getting it to kick ass and do xxx$ a day, only to have the previous owner take it back, and thank you for your work. Sure you get your 5k back, but who cares at that point, the site would be worth much more.

The contract you need is the "Consent of Parent / Guardian for Minor to Enter into Contract"

Cheers, and dont forget!

 

[joeny]

This should be in legal issuses......

 

[DNQuest.com]

Couldn't you have countered and say he could not register the domain because he was not of age? So the agreement where he registered the domain would be null and void, then he would have been unable to come after you since he could not legally register the name to begin with.

 

[jberryhill]

Couldn't you have countered and say he could not register the domain because he was not of age?

Where do you get that from.

We've done this issue before....

1. Yes, you can contract with a minor if you want.

2. Yes, the minor can hold YOU to the contract.

3. Yes, the minor may often be able to get out of the contract.

Contracts with minors are frequently "voidable" by the minor. They are not, however, "void", and any registrar is perfectly able to register domain names to minors if that's what they want to do.

Your suggested argument is also self-defeating. If your argument is that the minor didn't have it legally, then you are admitting you couldn't have bought it from him/her.

 

[David G]

...3. Yes, the minor may often be able to get out of the contract. Contracts with minors are frequently "voidable" by the minor.

That is exactly why I do did not buy this forum when it was offered to me for an incredible bargain price 4 yrs ago, when it was offered to me by Dan, the 15 or 16 yr old boy who started DNF and needed cash to buy a low priced used car to drive to high school football practice.

Was very concerned he could get it back thru the courts claiming it was voidable (I incorrectly used the word 'void' at the time, thanks John for the correct term), so the age issue allowed GregR (Fearless) to buy DNF instead (who was willing to gamble on the purchase from a minor), for I believe the same price offered to me a bit earlier the same day. Of course, GregR later sold to DCG for a gigantic profit, and today with all the hard work it's even more valuable.

It's quite risky buying from minors. Even if it's a low priced domain or site it could easily be worth a lot more later (i.e. a website/domain which later becomes very well known and has much greater value than at time of purchase). P.S. I often wonder if a minor could still have an old sale voidable even after a resale had taken place a few yrs later and now owned by a 3rd party (or even a 4th party) not involved in the original transaction, or does a resale negate the voidable risk?

 

[pam]

Really really good points brought up. Since I deal mostly with adult domains I only sell to those over age 21.

 

[Duckinla]

Thanks for the info, I didn't know any of that. Sorry to hear about it, what a frustrating case to lose.
I wonder if DNForum could put something in our profile where members can certify that they are over 18 or leave blank if they are not. Adam, Mods?

 

[MrDude]

I guess this will just start discriminating against the under 18 domainers on the forum. We paid our membership fee and we have just as much right to sell as anyone else without being looked down upon.

 

[Joe]

I guess this will just start discriminating against the under 18 domainers on the forum. We paid our membership fee and we have just as much right to sell as anyone else without being looked down upon.

Yeah you paid your membership fee, but that doesn't change your legal status. A minor is a minor is a minor. People who do business with minors, do so at their own risk, period.

-Joe

 

[Duckinla]

It's a tough issue. I'm not hoping for discrimation, but people have a right to know the circumstances and risks under which they are doing business. I was just hoping maybe everybody would lie and check the over 18 box. Not sure if that would offer any protection either though.

 

[jberryhill]

I guess this will just start discriminating against the under 18 domainers on the forum. We paid our membership fee and we have just as much right to sell as anyone else without being looked down upon.

It's not a matter of being looked down upon. The issue is not whether you have the same rights as everyone else. You do. In fact, when it comes to contracts, you have MORE rights than adults, and that's the problem.

You have the right to enter into a contract with an adult and to hold that adult to the terms of that contract. Very often, however, an adult cannot enforce the terms of the contract against you.

 

[NavySeals91]

I don't know, but I find people no matter what age who pull fast ones sickening.

 

[labrocca]

I would like to know how he "won" the domain back? Did he take you to court and where? Also imho you had a crappy attourney. I would have shoved the domain to someone else and forced him to regain compensation instead. I would assume he is only entitled to the amount he lost. Being he can only prove the site made $X income in his hands...it might be prudent to offer him very low income.

As a general rule I don't do big deals with kids. I agree that this site should require age verification and anyone under 18 shouldn't be allowed to make sales threads.

Also most registrars have in their agreements that the person buying the domain is of "legal age of consent" which minors are NOT. So depending on the registrar he used you may have been able to use that against him.

Oh and I would have gotten the site banned from Google before I handed it over to his butt.

 

[Duckinla]

anyone under 18 shouldn't be allowed to make sales threads.

I don't agree with that part. I think anyone should be able to make sales threads so long as all necessary information is known.

 

[furca]

Also most registrars have in their agreements that the person buying the domain is of "legal age of consent" which minors are NOT. So depending on the registrar he used you may have been able to use that against him.

My registrar assured me that while my contact information was registered to my own name, my father was the legal owner of my account.

He said this was perfectly abiding the TOS.

 

[commandercody]

Good info, glad I joined dnforum. As part of your signing up on dnforum a required field should be if your 18 or older. If not that really leaves open for some scams.

 

[Steen]

Won't each sales thread have to contain some verbiage like "This sale is to be governed by the laws of __________"

Members of DNForum are from all over the world and the definition of a minor is different in each juristiction.

 

[Tia Wood]

So, how do you ensure they are 18 and over?

Me: "Are you 18 years old or over?"
16 Year old: "Sure."
Me: "Oh, ok. Ok, here's my paypal address."

Don't understand the real protection out there just by asking....

 

[simon]

thanks for sharing your experience.
i will keep this in mind while making the next deal.