There isn't a right answer in this situation. The seller has TWO competing "contractual" obligations.
My feeling is simply that these types of sales should NOT be allowed because it's just easier.
The names are not free of encumbrance - the buyer has an obligation (as I understand) to leave the names at BrandBucket for a set number of days. The actual right thing to do would have been to allow the auction to finish (without the update) then negotiate a change with the winning bidder or cancel the auction and take the punishment.
The way it is here Doron won't actually even lose much in the way of proceeds as it's built into the new bidding baseline. All that happens is a market violation that no one wants to enforce.
Even BB is at minimal risk here - they have a name that they just sold that is under "contractual" (quotes are because it's not really all that enforceable) obligation elsewhere. The buyer at BB is not buying a name free of encumbrance which I'm certain is part of the buyer/seller agreement. The fact that BB allows this speaks volumes for their client concerns. No doubt the T&C puts them as market place and it's just a minor reputation hit to them if it all goes pear shaped.... but they will leave Doron with the target on his back. Of course this is a bush league industry where nothing every really happens.
So it's a binding agreement except when a rare scenario occurs
This would be much more interesting if two large pocket corporate entities were involved rather than just small budget domainers.
The other thing of note is that an auction like this the Terms and Conditions of BrandBucket aren't transferred and they aren't signed or even reviewed. So the bidder here has not signed up for any obligation to sell at BIN.
You're right, and i give D. credit for that. I doubt many NP users eyed schoolpanda as the jewel in the crown here! It's an unfortunate situation but still one that could be anticipated. Dual listing is and always will be a problem regardless of how you try to provide escape clauses.
I actually like your suggestion of "freezing accounts" at BrandBucket. This would allow temporary de-listing for the purpose of transferring and managing portfolios. It's a feature BB should definitely add if they don't have it (assuming people follow instructions and freeze their listings when selling portfolios). They should also charge a re-listing fee to make more money when portfolio changes
So I've bid and won! I'm thrilled because I really really wanted SchoolPanda.com.
Now I get $500 instead but I've now spent more money to get the name that I wanted?.... These clauses don't make sense. Do I not bid because the one name I want might sell?
Of course, maybe I found out that I had to leave the name listed at BB and it could sell anyway.
I said this when Judgemind had the capability to substitute an equivalent name and this whole portfolio nonsense started. I reported this as an issue to you and you responded that you couldn't manage dual listing as you weren't responsible for other venue T&C. However, you do control NP and dual listing is bad. Period. I reported it to BB at the time as well and they did nothing - I think this speaks volumes about their commitment to everyone but Krell