It works pretty much the same as any other non premium name except you transfer into the buyers enom account.
As far as legal action goes if they want the name then they have to abide by the rules the same as everyone else and that means only regging at enom.
If they know the name is a premium then they will also know it can only be kept at enom, if they dont know its a premium then you wouldn't have got paid anyway imo.
This is why i believe it is absoloutely vital to list the premium renewal fee in the description, you stand a much better chance of getting bidders who know the full facts and subsequently you stand a much better chance of the sale going through.
I think if you stated it was a premium in the description then I don't see that the buyer can complain about having the domain held at Enom. It costs nothing to open an account and there are no restrictions or charges to change the DNS. I personally mention that the domain is either premium or non-premium in my Sedo auctions so the buyer is fully aware of any future costs.
As a recent buyer of a Premium name at Sedo, the buyer is asked for the money (with all the normal stuff about it being held in escrow etc).
Once it has been paid for, Sedo then send an email stating:
It is only at this stage that the buyer is aware that it is a Premium (if it has not already been disclosed in the domain description) and that it must stay with eNom.
Basically, you register the domain from Enom for $xxx.xx and sell it on Sedo for $xx.xx. That's the most basic and honest explanation I can offer.
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