discuss A newbie question

[Will31st]

Just now, I purchased a one-word domain from Daaz.com with a buy now price. Then, not long after, the transaction is cancelled, saying that the seller doesn't have the domain, and later explained that the seller forgot to delete the listing. Is it a normal practice? I thought Buy Now price, transaction happens instantly, just like on Afternic.com. Please advise. Thanks in advance.

 

[BaileyUK]

It's certainly NOT good practice but, it happens all the time to both sellers and buyers alike. The problem mainly comes from multiple listing of a sellers domains. Many including occasionally myself lose track of sites that domains are listed at. This is compounded by the the number of 'Affiliated' sales sites also listing the domain.

If the domain is hosted by the site offering the domain for sale, then often the 'For sale notice' is deleted when the domain is no longer available, unfortunately this doesn't always happen with affiliated listings, hence the 'available for sale' notice can stay active for months or even years, long after the domain has been affectively sold and transferred to a new owner.

Most of the major sales sites conduct Sweeps to clean-up their inventory but even that corrective measure seems to happen less-and-less these days.

 

[SixFigures.ltd]

Happens all the time, forget about it.

 

[Will31st]

Anything we can do about it? Any legal actions can be taken?
I feel like there is no point of Buy Now button if the transaction isn't processed immediately.
Afternic didn't ask for approval when one of my listed domains was sold. It just got transferred instantly

 

[BaileyUK]

No chance of any legal recourse in this instance, Listing a domain for sale is purely a best of intention and little more. What happens if the original listing was spurious or even from a past historical owner. Your never going to nail that one. You'll need a Contractual obligation and that doesn't come with simple domain listings.

Sure, I understand your frustration but, welcome to the real world of Domain transactions, forget about it and move on

 

[BaileyUK]

Understanding the 'law of contract' will give you a better view of legal rights, Clicking that Buy-now button is a simple offer to purchase, nothing more. Sure you've paid the amount listed, but that doesn't make a contract. Only if that offer is accepted by the legal owner do things move forward contractually , A sales site is NOT the legal owner in most instances.

Who likes reading all those buried T&C's, Not me for sure, but if you understand the law of contract you rarely need to in the first place.

People often put the Cart-before-the- Horse when it comes to contractual law, then wonder why they don't have any legal recourse. In Sales, A seller is purely indicating a price that he/she may or may not proceed with. (even if it says Buy-Now) This applies the same to simple high street purchases as well. Yes you can be told to 'get-lost' even when buying a simple bottle of Pop at the till and your money is on the counter.

Surprisingly, everything does make perfect logical sense, if you read-up on Business Law and its historical (usually case law) evolution

 

[biggie]

Afternic didn't ask for approval when one of my listed domains was sold. It just got transferred instantly

Hi

that only happens if you have "Fast Transfer" enabled.

imo...

 

[BaileyUK]

Indeed, fast-transfers are just an Authority to accept a sales contract and action on the sellers behalf. but even these don't give you as the buyer, any additional contractual rights if they don't go through, apart from a refund of monies paid that is.

This applies to all sales, whether it be a vehicle a house or a domain. An advertised price is just an indicator of what the seller may or may not accept. Now that said, In some instances a Sales platform can make a contractual obligation between themselves and a seller but that doesn't include you as a buyer in those rights.

Honestly, it isn't as complicated as it reads when you let common-sense and logic dictate the grounds for any transaction. Are these rights and tribulations always fair, No not always, but the alternatives or amendments would create far worse scenarios.

If you love the subject of Business Law, as I do, you can get into 'Specific-performance' Liabilities, penalties and a whole lot more, It's great fun. You can't forget anything you learn purely because it all comes together and dare I say adds-up.

 

[itsmeIori]

Anything we can do about it? Any legal actions can be taken?
I feel like there is no point of Buy Now button if the transaction isn't processed immediately.
Afternic didn't ask for approval when one of my listed domains was sold. It just got transferred instantly

the question now is; how and where I can buy this domain!?

 

[Zilla]

for a certain DN, The 100% guaranteed BIN button is only available in its native marketplace—specifically, the domain registrar's own platform...