NameSilo

Another Non-Paying Sedo Buyer

Located in Domain Marketplace Reviews, started by nohbdyduzitbett, Apr 5, 2013

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  1. Neophyte

    Neophyte Established Member ★★★★★★★★★★

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    I am SICK and TIRED of these Sedo deadbeat buyers thinking they can get away with their foolishness with impunity. Here is my latest Sedo deadbeat buyer story:

    Read the series of communication between this deadbeat and I and let me know what you think. Feel free to add this "buyer's" information to your blogs/threads.

    Here is the first email I sent after getting the buyer's contact information from Sedo aver waiting several weeks for payment that was never made:

    Dear Mr. XXXX:

    My name is xxxx, and I am the owner of xxxx. Sedo forwarded your contact information to me because you agreed in a legally binding contract to buy xxxx.com through Sedo, and you failed to pay for the domain name. While Sedo referred you to me for potential legal action for breach of contract, it is my hope that we can come to a resolution where both parties can be happy--you get the domain name, and I will receive payment as promised.

    While looking at your website, it is evident that you could benefit from my domain name. The hyphen in your current domain is really dragging down your site's value, not to mention the lost traffic from people who forget to type that hyphen into their browsers. I am confident that you will recoup the cost of my domain name easily just from the new traffic you will receive. And you don't have to build another site. Just forward this domain to your existing site to capture that traffic.

    So I am convinced that you NEED this domain, and not purchasing it would be a mistake. I will work with you, as long as you pay as agreed. I can also lease the domain to you (you make monthly installment payments) if price is an issue.

    I need to hear from you ASAP so we can settle this matter. Thank you for your time and attention.


    XXXX response:

    I think money must be the issue on your end. I have never had anyone pursue $497.00 like it was the lotto prize before. I have many customers who are used to finding me with the hyphen. I simply changed my mind on this matter. There is nothing legally binding here so I would appreciate it if you and Sedo would quit harassing me.

    Mr. XXXX


    My response to this, with comments:

    Dear Mr. XXXX:

    My position on this matter is clear. The amount of money involved is not the issue. There is a principle here, and it is unfortunate that you as a business owner do not understand this. You made a commitment to buy the domain through the Sedo marketplace. Sedo lets buyers know that any offer made on their platform is legally binding, and you should not click "buy it now" if you are not in agreement with that. There is no "I changed my mind." That is not acceptable.

    You can either pay what is owed willingly, or you will be forced to pay legally. That is up to you. I will give you 24 hours from the timestamp on this email to contact me to make payment arrangements and to submit payment to me. If payment is not made within the time period specified, the next communication you will receive will be a Summons for you to appear in small claims court concerning this matter.

    Please keep in mind that amount I will be seeking from the Court will be far more than $497, and will include court costs, my travel expenses to your county in NC, and other remedies allowed by law. I also reserve the right to post your name, website, and contact information identifying you as a deadbeat Sedo buyer online until payment is made. My comments regarding the email you sent me are in bold, below.


    I think money must be the issue on your end. (Why wouldn't money be an issue on my end? I am in business to make money, just as you are). I have never had anyone pursue $497.00 like it was the lotto prize before. (The amount really doesn't matter. The issue is that you made a commitment to buy through Sedo and reneged on that commitment. The same thing would happen if the purchase price was $60. I have had collection agencies come after me for $25 medical bills!) I have many customers who are used to finding me with the hyphen. (This may be true, but you, not I, went on Sedo to buy xxxx.com.) I simply changed my mind on this matter. (So commitment means nothing to you? I wonder if you are so generous as you expect me to be if a buyer makes a commitment via contract to pay for furniture and then decides to change his or her mind and not pay what is owed). There is nothing legally binding here (I would suggest reading your contract again) so I would appreciate it if you and Sedo would quit harassing me.(You are responsible for paying Sedo's commission, so they may continue to contact you or take whatever action they deem necessary to collect...I have no control over this.)


    Final response from XXXX:

    Do what you gotta do.

    These deadbeats think they can get away with this because of the cost and inconvenience involved with pursuing them through the legal system.
     
    Last edited: Apr 10, 2013
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. 8aiz

    8aiz New Member

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    thank
     
  3. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    So you now have to follow up on your threats, otherwise you become a deadbeat seller too :(
     
  4. alien51

    alien51 Take Me To Your Leader VIP ★★★★★★★★★★

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    I think the guy has confidence that whatever small claims penalties he could be forced to pay, he can easily recover by selling 3 sofas and a La-Z-Boy reclining chair.
     
  5. Neophyte

    Neophyte Established Member ★★★★★★★★★★

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    I know. The way he wrote to me with such audacity seems to indicate that he knew there wasn't much I could do without losing a bunch of money myself. I am trying to determine now if it is worth the trouble.
     
  6. alien51

    alien51 Take Me To Your Leader VIP ★★★★★★★★★★

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    Deadbeat buyers, are dime a dozen in the domaining world. There have been lots of similar threads like yours here in Namepros in the past. I lost count already. Same story. Happens in auctions too.

    Doesn't matter if Sedo says you have legal contract. Sedo does not get involved in legal issues with you. You are on your own.

    And good luck if your deadbeater is from some deity-forsaking country like North Korea or anywhere else outside the jurisdiction of the United States Of America.

    Bottomline: Just hang back that "For Sale" placard on your display window.
     
  7. GiftedDomains

    GiftedDomains Top Contributor VIP ★★★★★★★★★★

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    I think you made a mistake by trying to convince him that he needs the domain etc. AFTER he bought it. Also mentioning sentences like
    ,
    That looks somehow desperate and made him think that you have a weak legal position (which in fact is not the case, he must pay), since he probably thought if you were sure, you wouldn't try to convince him again (after the sale) that he needs the domain, etc. etc.

    I would have stopped my email after
    Everything you wrote after this sentence was unnecessary and tactically counter productive.
    I understand you and know that you wanted to be nice and somehow tried to get your money, but deadbeat buyers interpret kindness as weakness.

    Now its your turn.
    He needs a lesson. He seams to be in US and not somewhere in N. Korea.
    Look at him smoking his cigar as if he doesn't give a f. about his contracts and obligations.
    http://www.linkedin.com/pub/danny-keck/10/465/954
     
    Last edited: Apr 5, 2013
  8. alien51

    alien51 Take Me To Your Leader VIP ★★★★★★★★★★

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    I don't think there is anyone in the entire history of the internet, who ever DID sue someone for not paying for a domain he "agreed" to buy.
     
  9. adamjonatha

    adamjonatha Established Member

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    I don't think that going legal would be wiser as you would have to spend alot of money for that.

    In my sugesstion if you spend some time you can show his black deeds iin social media and on his Facebook / Linkedin / Twitter profiles etc so that his friends and customers read about it and he will feel ashamed.

    May be he would come back to you to buy it also

    I have tried this 3-4 times and it worked twice :)
     
  10. playercool

    playercool Established Member ★★★★★★★★★★

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    Wow I don't care if this was for $60 or $6000 I would never of wasted 1 second on this.

    After a polite email asking him if he wanted to move forward(Which it was already pretty clear he didn't when he never paid), I would have moved on and never given it another thought.

    You might want to consider doing the same as the stress you seem to have over this is nowhere near worth this piddly amount of money.

    Goodluck
     
  11. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    When I type Carolina-DiscountFurniture.com in google
    this thead scores at #9 position
    so he's in the first page of google lol

    He might lose a few sales because of this, in the long run it's up to him to decide if his reputation is worth $497.
     
  12. discobull

    discobull Top Contributor VIP ★★★★★★★★★★

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    Set up a page on CarolinaDiscountFurniture.com that simply says "Thinking of doing business with Danny Keck of Carolina-DiscountFurniture.com? Contact me first." Set up a new gmail address for this.

    Once the page is set up, send Danny Keck the link. Leave it up there for as long as it takes. Since you're not saying anything defamatory, he can't do anything about it.

    Btw, the Sedo contract explicitly stipulates that the party that defaults on the transaction is responsible for all legal fees incurred in obtaining fulfillment. This is worth mentioning to a deadbeat when you're trying to get paid.
     
    Last edited: Apr 5, 2013
  13. biggie

    biggie GreenFriendly.com VIP ★★★★★★★★★★

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    :talk:

    i surely wouldn't try to force someone to by a name they no longer want.



    and if this is part of your "sop", then i know who's names not to make offers on in the future.


    imo...
     
  14. Jasonn

    Jasonn Top Contributor VIP ★★★★★★★★★★

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    does that mean there should be no consequences for someone not coming through with purchases on platforms like sedo? do you condone what the buyer did here? as a buyer, i am obligated to fulfill any offers i make should they be accepted no matter if i 'change my mind' or not. the same goes for selling. otherwise the business becomes a joke. once a buy clicks the buy it now button or his offer is accepted, its beyond the changing my mind stage for both buyer and seller.
     
  15. Ryman21

    Ryman21 Established Member ★★★★★★★★★★

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  16. discobull

    discobull Top Contributor VIP ★★★★★★★★★★

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    I disagree with you. I think there's a big difference between simply making an offer and entering into a binding agreement. Moreover, I think if the buyer had been nice about it, instead of being insulting, that the OP might have been more likely to let this slide. I can see how this guy got under his skin.
     
  17. jameslawrence

    jameslawrence Established Member

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    I'm going to be brutally honest without trying to offend you here.

    If you had sent me that crud at the end of the message too like "You NEED this domain etc...." "Your site is loosing traffic because the hyphen sucks..." I would probably adopt the same attitude.

    Personally I dont think its worth it on your part to go all out in court etc... just find another buyer and enjoy your day. (I do however feel sorry for you and understand your situation completely). As most people say on here... you win some, you loose some.
     
  18. Havela

    Havela Established Member

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    You have my support, OP.

    Firstly, the buyers seems very unprofessional, judging by both the emails to you and to his customers on the review page, so I have no sympathy for him.

    Secondly, there can be no doubt that a binding agreement has been entered into and you have every right to pursue the buyer legally if you choose to do so. If more domain purchases were pursued in the small claims court, perhaps this would act as a deterrent to timewasters?

    Having said that, it is always a choice whether to pursue a claim or not, and I for one have never tried to pursue someone who had a change of heart, whether there is a binding contract or not. But that is not about right or wrong, but is a personal, customer-service-based choice.

    Your position is different, though, because you have already informed the buyer that you will pursue him - and that is where you erred in my opinion, if you are not sure whether to go through with it or not. Never make an empty threat or a promise you can't keep :imho:
     
  19. biggie

    biggie GreenFriendly.com VIP ★★★★★★★★★★

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    :talk:

    Hi

    whatever obligations you decide to fullfill, are up to you as an individual. that establishes your track record.

    what another person does is up to them. and that establishes theirs.

    all i said was, " i wouldn't try to force someone to buy a name they no longer want"


    that's my philosophy about doing business, period.

    if a customer changes their mind, for whatever reason, best thing i can do is say "Thanks for your interest" and move on.

    not condoning the actions of the buyer, just understanding them.

    because until payment has been sent, then the domain hasn't really been sold.



    :talk:

    i never said anything about a binding agreement and an offer being the same.

    i said, "if this is part of your "sop", then i know who's names not to make offers on in the future".


    check the difference!
     
  20. Bannen

    Bannen Don't say Huh? too much; pretend you understand. VIP ★★★★★★★★★★

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    I've only had 2 non-payers on Sedo; the first was for a $500 domain sale; the buyer timed out, I let the whole thing go without comment... then a month later the same buyer made the same offer, and it carried through smoothly.

    The second time it was a $4500 sale (ouch). Sedo asked what I'd like to do, I asked them to block the guy's sedo account, which they did. The guy had the highest trader rating there so I don't know why he'd jeopardize that, but he did. After they gave me his personal info I looked him up. Actually a very wealthy businessman well into the millions and famous in his area as an entrepreneur, with a huge business website - my domain would have been better than the one he was using - who knows why he backed out.
    I didn't have any hard feelings about it, basically business as usual even though the cash would have been nice. I actually sent an email, something really short, if I recall it was simply 'I'm the owner of the domain xxxxxxxxxx.com that you didn't pay for at Sedo. I won't be taking any legal action over this, so no worries and have a great life'. Didn't get snide or ask any questions about what happened.
    Didn't receive a reply.


    Life goes on, you get an offer for a domain, turns out to be a deadbeat or even a jerk, you lose the sale, sedo bans their account, they probably open another account the same day using different info, life goes on again.
    Ha ha

    ---------- Post added at 09:28 AM ---------- Previous post was at 09:01 AM ----------

    Oh, when I google danny keck, this thread is at the top of google results on page 2, already :)
     
    Last edited: Apr 5, 2013
  21. Spade

    Spade Top Contributor VIP ★★★★★★★★★★

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    And hes right. Its not worth your time/energy/money to pursue action for a $500 sale. Its a shame - but its also how the game works.
     
  22. Neophyte

    Neophyte Established Member ★★★★★★★★★★

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    Wow, this posting has elicited a range of responses!

    For clarification: I am not some hard-nosed, holier than thou seller. I understand that things come up and buyers may have to back out of commitments they make. It has happened to me. I remember purchasing a computer on ebay several years ago and an emergency came up that required me to use the computer money for something else. Things happen.

    I contacted the seller and explained the situation. To make a long story short, he agreed to let me out of the deal in exchange for $50 for his inconvenience. I was happy and he was happy. I did not expect to be released from a legally binding contract (ebay uses this terminology as well) without having to pay a penalty. This happened when buyers could get negative feedback for not completing a transaction.
    Now, it would have been nice if the seller had let me walk without having to pay, but he didn't, so if didn't want to suffer the consequence of a negative feedback (or possible legal action), I had to pay.

    This buyer waited weeks before letting Sedo know that he as backing out, which prevented me from selling the domain elsewhere. He complained that Sedo was harassing him. Why didn't he just tell them that he no longer wanted the domain? They probably would have let him off the hook, and they would have never provided me with his contact information. Then when I contacted him via email, he could have apologized, offered a settlement, or agreed to purchase the domain, but instead, he "broke bad" with me. I may have overreacted with the legal action threat. But don't think that someone this rude and nonchalant about an agreement should go scot free. I am willing to work with anyone who will work with me. He was unwilling to work with me, and I think that such deadbeat buyers should be exposed.
     
    Last edited: Apr 10, 2013
  23. lll

    lll Top Contributor VIP ★★★★★★★★★★

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    I had a 1k$ deadbeat buyer @ sedo.

    Was upset but didn't give it a second thought like this!
     
  24. biggie

    biggie GreenFriendly.com VIP ★★★★★★★★★★

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    :talk:

    since you acknowledged that it has happened to you, then it should have been easy to place yourself in his shoes.

    :talk:

    again, since this has happened to you, perhaps the language should have shown a concern for "why" they didn't follow thru.

    rather than the rhetoric about how he NEEDs your domain and what you'll do if he doesn't follow thru on his offer.

    :talk:
    his response, was in response to your response.

    if you want cordial convo, then you have to say the right things, initially....unless you don't care about the tone of replies.


    but yeah, i know it's hard to do when you're pissed.


    :)
     
  25. JB Lions

    JB Lions Top Contributor VIP ★★★★★★★★★★

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    This happens way too often and most of the time it's not worth the effort, time, money to go after it. And what's been mentioned, I've never seen anybody actually follow thru on the threat of going to court.

    But we should be able to brainstorm some ideas to get payback on these people.

    I know Sedo and the other places ban these people. But is it automatic, do you have to ask? Should be automatic if it isn't already.

    Is there a way to hurt their credit? Send them a bill, they don't pay, collection agency. But then they don't actually have the product, so I guess that won't work.

    There's court but nobody actually does that.

    How about sending Joe Pesci around to collect on a F you, pay me type of deal. If they don't pay, take out in property.

    How about a forum setup at Namepros just for these people? There are sections setup at affiliate marketing forums dedicated to merchants who try to screw over affiliates, Unethical Merchant Forum. As you've seen here, it tends to rank pretty good for their name.

    How about threatening notices from lawyers? This is a problem, and where there is a problem, there is money to be made. Most people when they get a cease and desist, get scared and automatically fold. Find a lawyer that will send out a notice from their office threatening legal action.

    Something to get these non payers.
     

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