GoDaddy - Won auction - Can I force the sale?

[MapleDots]

I bought a domain at GoDaddy auction at a " Buy Now " price and it has been paid for by credit card for quite a while now. It appears to me there is an abnormal delay in getting the delay into my account.

I checked WHOIS and the domain is actually registered at godaddy and should have been in my account relatively fast.

So what if the owner of the domain had second thoughts and decided not to sell, as in reneging on the deal. Because his domain is sitting at godaddy can I somehow force the deal?

I mean if his domain was a namesilo or something I know I would be up the creek without a paddle, but given that it's sitting at godaddy there should be a way to enforce the contract right?

Everyone please don't tag Joe from godaddy with this, he has enough on his plate without having to worry about my little problems.

 

[MR Harrist]

lets hope seller have a lot of domain in Godaddy account, and because of that, he can't run! if he run, he banned from there! but if only have one, and transfer to another register, then its not your lucky day!

I am curious why you want that domain so bad let me guess, 4L, CVCV $250

 

[MapleDots]

I am curious why you want that domain so bad let me guess, 4L, CVCV $250

There is only one reason I want the domain so bad.

I have a deal and it needs to be honored

Everything else has no relevance, what I personally feel about the domain has no bearing on this.

 

[MR Harrist]

ok, lets hope he's not run or move to another register

 

[MapleDots]

I will wait to see what sedo does first, I have notified them and hopefully they will notify the owner that the domain is being disputed. That is the only real issue here, everything else is pretty minor, a court of law decides who owns what and I can live with any outcome thereof.

The sedo listing is problematic though, hopefully they will flag the sale because I have provided them with a bill of sale showing an ownership claim to the domain.

 

[MapleDots]

@Joe Styler

I did ask that Joe not be tagged in the opening post

This topic was for discussion purposes, I know how to involve the higher ups when I need assistance, thank you. We don't need to tag this poor guy every time we have a minor issue on the godaddy platform. First we have to see if we can resolve it ourselves, if we cannot then we should tag him.

He cannot help me with this, godaddy is doing what they can. The only way to resolve this is to gently nudge the owner and inform him if he defaults on his obligations the gains from the next sale can very easily be eaten up by legal costs.

 

[Silentptnr]

I did ask that Joe not be tagged in the opening post

This topic was for discussion purposes, I know how to involve the higher ups when I need assistance, thank you. We don't need to tag this poor guy every time we have a minor issue on the godaddy platform. First we have to see if we can resolve it ourselves, if we cannot then we should tag him.

He cannot help me with this, godaddy is doing what they can. The only way to resolve this is to gently nudge the owner and inform him if he defaults on his obligations the gains from the next sale can very easily be eaten up by legal costs.

Actually, in my opinion this is a platform problem.

Buyers backing out, sellers backing out....it's the platforms that allow this that create this sort of chaos.

Until the auction platforms put real bite in the seriousness of auctions (like np does), where there are serious repercussions for breaking a "binding" agreement to buy or sell, this stuff will continue to happen.

 

[Silentptnr]

Even this thread demonstrates that some buyers don't really know what the protocol is for collecting a name they just bought.

 

[MapleDots]

Even this thread demonstrates that some buyers don't really know what the protocol is for collecting a name they just bought.

Not sure I know what you mean by that, the collection process is fairly simple if everyone follows through on their obligations. If a buyer lists at two platforms with a buy now there is an obvious issue regardless of what the collection protocol may be.

 

[Silentptnr]

Not sure I know what you mean by that, the collection process is fairly simple if everyone follows through on their obligations. If a buyer lists at two platforms with a buy now there is an obvious issue regardless of what the collection protocol may be.

What I mean't was that the platform has not done enough to ensure both buyers and sellers know exactly what the process is and what to expect.

 

[karmaco]

Afternic allows anyone (non-owners!) to add domains on their behalf without a single check, they don't even check the WHOIS record. This means Godaddy syndicates the domain with BIN prices without the owner knowing. Did you buy the name from TDNAM or a regular Godaddy search?

Not telling you what to do, but the "legal" obligation to sell anything is simply not there. You're wasting your time and advertising your reactions for other sellers to see how you operate should things go sour.

"but it will get messy if another party gets involved." You mean an unwilling/unaware party?

Yikes, that's worrying, and it's the reason nobody should be listing anything with Godaddy/Afternic. You can't compel the sale by force (legal) and you will most likely waste precious time and resources chasing it. Good luck!

I totally agree. You can’t in the end force anyone to do anything with THEIR domain. If the marketplaces slap them on the hand that’s another thing.The money was dispersed to GoDaddy who is not the owner and who acted as a go between . Are you going to go after GoDaddy too? The owner never had your money and not really seeing any legal leg to stand on.

Simply shaming someone should suffice but this reaks of a vindictive nature. Normally I side with people on these issues but honestly this whole thread just makes you look bad and not someone a fellow domainer would feel at ease conducting business with-JMO.

 

[MapleDots]

Simply shaming someone should suffice but this reaks of a vindictive nature. Normally I side with people on these issues but honestly this whole thread just makes you look bad and not someone a fellow domainer would feel at ease conducting business with-JMO.

No there is for sure nothing vindictive, but there are the terms you agree to when you list at auction.
I don't think it makes me look bad at all, I am the buyer, I have honored my obligation and paid the domain as per what I agreed upon when I signed up for the auction.

As far as what domainers may or may not feel is beyond my control but what they should see is someone following through on their obligations. If anything that builds confidence and trust. Try to back out of a sale with Mike Mann or likes and you will see that he will pursue it through legal. God help you if you do it with the Domain King

Nothing vindictive or anything of the nature, no different from when you buy a name at sedo and then don't follow through. Sedo may ban you, they will not sue you but they will tell you there may be legal action from the second party involved.

Same goes with other platforms, godaddy will probably not do much but they will inform the second party that there was an agreement on both ends. You agree to auction terms when you sign up, this does not absolve you just because you change your mind.

If anything I hope most domainers will agree with me and will be happy to see me take the other party to task. Personally I think we are way too easy on people not following through. They should be banned from conducting business on the platform period. If the platform does not enforce the rules it hurts the credibility of the entire auction process.

 

[Silentptnr]

Imagine the buyer was just a consumer not related to the domain industry. They would be completely lost after clicking "buy now", paying then....nada! Who does that!

 

[xeroox]

Until the auction platforms put real bite in the seriousness of auctions (like np does), where there are serious repercussions for breaking a "binding" agreement to buy or sell, this stuff will continue to happen.

Curious but what are the repercussions are you talking about? I only see people leaving a bad review and the mod posting in the auction thread that seller/buyer never processed. I saw a lot of old/reputable? user with a bad review ( didn't complete the purchase, run away etc) and continued to sell in the marketplace

 

[Silentptnr]

Curious but what are the repercussions are you talking about? I only see people leaving a bad review and the mod posting in the auction thread that seller/buyer never processed. I saw a lot of old/reputable? user with a bad review ( didn't complete the purchase, run away etc) and continued to sell in the marketplace

Being restricted from selling or bidding, or worse being banned.

 

[MapleDots]

Lets get back to my main question please

My main question is....

Go Daddy has both buyer and seller agreeing to godaddy terms.

GoDaddy is the registrar for the domain in question.

Can godaddy force a sale?

Forget the type of domain, mine or anyone or .com etc.

Lets just talk generic .com

GoDaddy has all the control being the registrar in question and they have a two party agreement.

Can they force the sale?

Better yet.... should they enforce the sale?

THAT IS REALLY WHY THE TOPIC

Please don't confuse my deal with the actual question at hand.

 

[Silentptnr]

"As a Seller, you are obligated to complete the transaction if Buyer commits to purchase the domain name through a fixed price, Buy Now format, or if Buyer meets or exceeds the minimum bid or reserve price. Should you fail to complete the transaction for any reason (including, but not limited to, failing to move the domain name to Buyer’s account if Buyer commits to purchase the domain name through a fixed price, Buy Now format, or if Buyer meets or exceeds the minimum bid or reserve price), GoDaddy reserves the right to (i) charge you a fee or (ii) terminate your membership with GoDaddy Auctions (as determined by GoDaddy in it sole and absolute discretion)."

"Occasionally, a dispute might arise regarding a transaction begun or completed through the Services. In such instance, you agree to be bound by GoDaddy’s Dispute Policy. GoDaddy reserves the right to modify the Dispute Policy at any time, without notice.

Filing a Dispute

To file a dispute, you must submit an email to [email protected]. The email must include:

Your account number;

Your name and contact information;

The order number associated with the transaction;

The domain name over which the dispute arises; and

A detailed account of the dispute.

Such email must be received within four (4) days from the sale date.

Once a dispute has been received, GoDaddy will place the transaction into a “Hold” status while it investigates the dispute. GoDaddy reserves the right, in its sole discretion, to close any dispute it deems invalid or resolved. After investigation, GoDaddy will notify Buyer and Seller of the outcome of the investigation and complete or terminate the transaction as GoDaddy, in its sole discretion, deems appropriate."

"Without limiting other remedies, if:

1. You breach this Agreement or any document incorporated by reference;
2. GoDaddy determines your actions may pose a risk to GoDaddy or its members; or
3. GoDaddy determines your use of the Services infringes on the intellectual property or legal rights of others.

GoDaddy may immediately:

Warn its members of your actions;

Place a hold on any pending transactions associated with your account(s);

Limit funding sources and Payments;

Limit your access to your account(s) or to any functionality of your account(s); or

Indefinitely suspend or close your account(s) and refuse to provide our Services to you."


See GD TOS for more info.

Also interesting is that GD defines domainers:
"Domain registrants can also sell their domain names through an auction. These registrants are called domainers. They are professionals who seek low-cost domain names and sell them for a profit."

 

[Silentptnr]

I don't see anywhere that GD can force the sale. Sorry.

 

[MapleDots]

I kind of assumed that when I made the topic but the interesting part about the question is godaddy being the registrar. We hear all the time of domains taken away because of chargebacks (other topic) etc. So if godaddy holds all the cards why not amend the agreement so it states godaddy has the right to transfer the domain if all auction terms are met. I mean all 3 parties including the registrar have agreed to terms.

 

[Silentptnr]

I'm sure that they have no interest in taking on the liability of due diligence.

 

[MapleDots]

Update

Not to take away from the main question of the topic but....

I sent an email to the owner of the domain and he responded that he intends to follow through with the sale. I just received the response back a few minutes ago. As of this time the domain is still at sedo at buy now but the owner responded to my email in a timely manner which leads me to believe he will be a man of his word. I kept the email polite but did remind him of his obligations.

 

[Silentptnr]

Update

Not to take away from the main question of the topic but....

I sent an email to the owner of the domain and he responded that he intends to follow through with the sale. I just received the response back a few minutes ago. As of this time the domain is still at sedo at buy now but the owner responded to my email in a timely manner which leads me to believe he will be a man of his word. I kept the email polite but did remind him of his obligations.

Nice

 

[MapleDots]

PS.... see.... no reason to tag joe about my case

Now that it's resolved feel free to tag him about the main question at hand.

With godaddy being the leading registrar and arguably the largest auction house for domains should they be able to enforce a deal when all 3 parties... buyer, seller, registrar/auction have a binding agreement.

It's an interesting topic with both pros and cons. It would give a lot of power to godaddy but as long as the terms are stated when signing up for the auction it should work smooth.

Feedback on this point would be appreciated.

 

[shane mac]

After a 10 min read am glad the domain will be yours, I think the name should be posted as I kinda wanna think my 10 mins of reading was worth the effort.

 

[Silentptnr]

After a 10 min read am glad the domain will be yours, I think the name should be posted as I kinda wanna think my 10 mins of reading was worth the effort.

#metoo

 

[MapleDots]

This topic is more about the question at hand than my domain.

Gee.... I kind of like saying that.... my domain

I might disclose it when all is said and done and the domain is nicely nested in my account.