wisconsin

Hello All,
This is a follow up to my thread "Received an offer under unusual terms"

Belwo is the contract I just received.

Please let me know what you think or if it is worthwhile to proceed? Take a look at who will be doing escrow!

I was asked to sign it and fax it to him!

Midano

Ari Goldberger? They're bringing some heavy artillery there.
I think the buyer is BS'ing you with his "personal project" story.

wisconsin

What I don't like is the following in the contract:

"The Buyer is under no obligation to complete the purchase, however, the Seller is obligated to transfer the Domain Name upon receipt of the Balance Due from the Buyer."

vip-ip

TM issues?..
Again, use common sense and you'll be fine

Badger

Bizarre...

I will watch this thread with interest Wisconsin as, from what you said earlier, the buyer was strapped for cash and wanted the domain for a private project and then WHAM in comes Ari Goldberger... Who will also act as witness...?? Something smells fishy and its not the contents of my missus's apple crumble....

Ari Goldberger is not chicken feed and if i was a betting man, he is not only involved in this domain purchase, he is giving counsel to the buyer... My guess, and dont hold me to this, is that there is something in that contract that means something, the rest is just padding.. Again, just an opinion but I bet its the clause that you cannot sell this domain to anyone else.. Thereby creating a legally binding contract that ensures you have no comeback when you sell and find out 2 weeks later that its been bought by Intel or microsoft and its the name of their new product...

But dont take my words verbatim, this is just my opinion... People with no funds DO NOT use Ari Goldberger....
????: NamePros.com http://www.namepros.com/domain-name-discussion/80172-follow-up-contract.html

EDIT** Mind you, its a nice cheap way to acquire a domain for re-sell purposes, obtain the rights for $150 and then look to sell it on to someone they know will/might be interested. No TM violation on their behalf, as theyre not the owner, you are.. And if things dont pan out, they dont exercise the option.. Wow.... If TM owner is allerted to the fact that this domain is up for sale, who they come looking for.... YOU... So, might wanna add a clause in the contract that says they cannot look to resell the domain and if they do and it causes you legal grief, they accept liability for your legal costs..Try mentioning that and see what the reaction is...

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wisconsin

You're correct! There is a trademark side to it. I just checked and there are 2 live trademarks already registered an another 1 waiting!

I had no clue! Thank you!

Wow what to do now?

I just sent an email saying that I don't like the fact that buyer is under "no obligation" to buy the domain and consequently, I am passing on this opportunity unless they can pay in full!

Midano

Don't pass. Take the offer. You remain a legal owner until the domain is paid off.

jeter4982

Yes, but you are basically locking up the domain for 4 months, during which the buyer can decide if he wants to buy it. He could just be fooling with you, having no interest in purchasing it, and then you have just lost 4 months of the price you paid to buy it. Personally, I would let this offer go, unless he is willing to pay at least 75% up front. Otherwise, it sounds like he is basically getting full rights to the domain for a little less than a year, for only a little bit of money. Good luck!
????: NamePros.com http://www.namepros.com/showthread.php?t=80172

Tom

WebForging

This appears to be a 4-month Option to Purchase for which the buyer is paying $150.

If they excercise the option you have a sale. If they don't you have $150, and the name.

Don't know the laws in Utah (or in Wisconsin in any detail for that matter) but if I wanted to sell the option I'd look at jurisdiction being in our home state.
????: NamePros.com http://www.namepros.com/showthread.php?t=80172

Another consideration is to increase the price of the option to $500 (or whatever you wish). Gives them more incentive to purchase and you more $ if they don't.

Finally, yes - they could be looking to get the name for $2k and resell it for more. I wouldn't let that bother you...after all, isn't that what we're all doing?

Good luck.

Regards,
Keith

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IAmAllanShore

????: NamePros.com http://www.namepros.com/showthread.php?t=80172
That's just an option contract (In its most plain form), nothing strange about that at all...

I think you might be wise to seek counsel, as right now it's fairly obvious you're in over your head on the contract/agreement/option side of things.

-Allan

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floatingworld

The odds are that this is a scam whereby, the so-called purchaser will eventually prise the domain away from you claiming that he is the true owner/user. You should totally shut down on this offer, and ONLY sell your domain name through the usual escrow services. You have been warned!

wisconsin

Appreciate all the replies and feedback! Thank you!

I have decided not proceed with this sale as it is not worth while, for me, to lock the domain for several months for $150 knowing that the buyer has no obligation to complete the sale. I have asked the buyer to change some of the wording in the contract, however, he declined.

Thank you all for sharing your thoughts and help!

trishan

Hmm interesting outcome. I never use any forms like this when selling a domain. It is strictly an agreement made over MSN or through email. Mind you I haven't sold THAT many domains.

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IAmAllanShore

????: NamePros.com http://www.namepros.com/showthread.php?t=80172
You mean they will "pry" the domain away?
This option agreement will not give them any more standing to pry it from you than if they had never even spoke with you, IMHO.
Unless I'm totally missing something, which wouldn't be the first time.
-Allan

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Badger

My guess is, he'll be back.....
????: NamePros.com http://www.namepros.com/showthread.php?t=80172

Do some research on the buyer, find out who he is and discover any link between him and his business... You might find some interesting info that may get you to revalue your name... Might not of course, but worth it for interests sake...

PM the email header, i'll tell you who exactly he is...

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bhyraj

hmmm realy unuseal

Dave Zan

If Ari Goldberger is the one doing the escrow, I'd imagine the price should be a
wee bit higher than what's stated. AG wasn't born yesterday.

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Midano

Ari is a real shark.
As you might have noticed, he runs his business off ESQUIRE.com. WHICH IS A TRADEMARK of Esquire magazine. Which had filed all imaginable complaints with UDRP and whatnot. Nevertheless - he repelled all attempts to take this domain away from him. Kinda speaks about his abilities, doesn't it?
The offer of $2000 is at breaking point - that's what the buyer will roughly spend going UDRP route (if he owns the trademark) with no guarantee. Trowing $2000 at you is common sense - no hassle. So, if you crank up the price - they can start playing hard and try other options. Ari knows what he's doing.

IAmAllanShore

Minor point: he runs it off of "esqWire.com". A play on words of sorts.
See: http://dictionary.reference.com/search?r=2&q=Esquire
????: NamePros.com http://www.namepros.com/showthread.php?t=80172
Abbr. Esq. Used as an honorific usually in its abbreviated form, especially after the name of an attorney or a consular officer: Jane Doe, Esq.; John Doe, Esq.

And the "wire" because he's somewhat tech oriented. And since he's not selling women's clothing... well... ;-)

-Allan

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RogueWriter

If they are getting a lawyer involved, yeah, there' more to this than they are mentioning. Hey, there's nothing wrong with getting on a phone and talking about their intentions and such.

You don't want to miss out on a sale by ticking off a customer, but at the same time you don't want to be taken advantage of.

It does not sound like a scam, though, a lwyer is not going to involve himself in something that could cause himself legal embarrassment. I'd figure there's just some money in there somewhere. I mean, come on, to say you don't have any bucks at the moment, and then to mention you've gotten a lawyer involved in the deal......

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Mystic

if he really wants the domain, he will be back, i say tell him 100% up front or no domain, no contracts, no nothing, and most the time, the people im dealing with, i can find a lot about them by typing there email into google, dont take any less than 100%, then you cant be fooled, and if he makes a moeny from it then, why care? you both made some, he will be doing nothing wrong, as someone mentioned above, thats what most are here for

bhyraj

forgot it dear

wisconsin

This is my last email to him and his response:

I wrote:

I think I am going to pass. I don't like the following in the
contract:

"The Buyer is under no obligation to complete the purchase, however,
the Seller is obligated to transfer the Domain Name upon receipt of the
Balance Due from the Buyer."

If you're willing to pay the full amount now, it would be ok! But I
don't want to be hanging there waiting, knowing that you are under no
????: NamePros.com http://www.namepros.com/showthread.php?t=80172
obligation to buy it!


His reply:

OK. Let me know if you have any questions.






I am not going to disclose his email but just found out that buyer is a CEO and member of techalliance and I am looking at his company website right now!

IAmAllanShore

Don't remember the name of the domain, but if you found TM issues, get ready for a UDRP. (If they could buy it for less than (or approximately) $1,500, then it wouldn't be prudent for them to UDRP it. But now...)
-Allan

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wisconsin

I honestly didn't know there was a trademark. This buyer has not claimed any trademark rights, yet and I would be very open to reasonably let it go to the trademark holder without making an issue about it if they show proper rights to the name, like common law rights or registered mark/service.

My guess is that there is a recent filling application for a trademark ( I did check and there is a recent one) and my guess that buyer wants to wait to see whether he'll be granted to proceed when the trademark office sends him the first response.

The other guess is that buyer wants to resell it when time comes...as some members suggested

In either case, I have no problem as along as the buyer is willing to be "fair"