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Countered with the Buyer's Original Offer...Are They legally Obligated?

Labeled as question in Domain Buying and Selling Discussion, started by The Rover, Feb 23, 2021 at 4:37 AM

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  1. The Rover

    The Rover Established Member ★★★★★★★★★★

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    I received an offer for a domain on DAN.com, and I thought it was too low so I countered with a price that was considerably higher. I didn't hear back from the buyer for 5 days, then on the 6th day I countered by matching the buyer's original offer. Are they still obligated to purchase the domain, or did my original counter beak any obligations?

    Note: I believe this post should be moved to the buying/selling domains forum, as I posted it in the wrong forum.
     
    Last edited: Feb 23, 2021 at 4:40 AM
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  2. karmaco

    karmaco Top Contributor VIP

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    No they are not obligated. Do not do such a thing without getting a reply. It comes across as desperate. Probably was a tire kicker.
     
  3. lambo.com

    lambo.com NewsMedia.com VIP Gold Account

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  4. NickB

    NickB Wales.org VIP

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    Its within the 7 day period.....so technically yes their original offer is still binding even though you countered, are they obligated......no....bidders on Dan don't always pay
     
  5. The Rover

    The Rover Established Member ★★★★★★★★★★

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    Hmm, so I'm getting two different opinions thus far. One that says my original counter broke any obligation, and your opinion which is that technically their original offer is still binding despite my first counter. My gut is that my original counter broke any original obligation even if it was still within the 7 day period.
     
    Last edited: Feb 23, 2021 at 4:55 AM
  6. NickB

    NickB Wales.org VIP

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    They didn't counter so the original offer still stands is how I read it......

    @Dan might clear it up

    Edit:

    From their site under buyer guide

    "Every offer is valid for a duration of 7 days."
     
    Last edited: Feb 23, 2021 at 4:59 AM
  7. Future Sensors

    Future Sensors 78% of human domainers will be replaced by robots Gold Account

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    Last edited: Feb 23, 2021 at 5:00 AM
  8. Don Gondon

    Don Gondon Established Member

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    What? Counter offer is always a rejection of the original offer. There are no more obligations after you counter. Doubt there is a legal system on planet Earth where things could be different.
     
  9. Future Sensors

    Future Sensors 78% of human domainers will be replaced by robots Gold Account

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  10. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

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    No.

    Dan.com policy aside, when you counter you are rejecting the original offer.

    Brad
     
    Last edited: Feb 23, 2021 at 5:36 AM
  11. du6262

    du6262 Established Member

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    • Maybe the buyer just asked casually, and you really mean it
    • Therefore domain name trades can't worry, just calm down
     
  12. wot

    wot Top Contributor VIP ★★★★★★★★★★

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    Your counter offer negated any obligation on the "buyers" original offer.
     
  13. NickB

    NickB Wales.org VIP

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    Their own T&C's state quite clearly........

    3.4 Provider and Transferee will enter into a separate agreement when either the Provider or Transferee has accepted the last offer made by the Transferee or Provider on the domain name of the Provider. Notwithstanding the foregoing, a binding agreement will be deemed to have been entered into between Transferee and the Provider, if the Transferee initiates a purchase via the so called Buy Now, Lease to Own or Rental option.

    Bids and/or Offers
    6.1 Every bid or offer that the Client and/or User places on a domain name which is offered for sale and/or placed on the Website is legally binding. A bid or offer can therefore not be revoked. If this offer is accepted by the Provider, the bidding party is obliged to cooperate in submitting payment and transferring the domain within the set timeframe.

    6.3 Every bid or offer placed by the User is valid for a duration of 7 days.

    6.4 The Provider is entitled to revoke an offer or counter offer within 7 days after placing the bid, offer or counter offer.
     
    Last edited: Feb 23, 2021 at 8:58 AM
  14. NickB

    NickB Wales.org VIP

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    If someone can see in their T&C's where it clearly states any counter offer revokes the original offer please share it
     
  15. 3sixty

    3sixty Established Member

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    Legally the original offer would be voided once a counter is placed.

    Whatever Dans T&C may say, the moment you made a new offer the same as their original, the system did not automatically accept their original offer.

    There is your answer.

    Good luck with the sale!
     
  16. Don Gondon

    Don Gondon Established Member

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    Why does it have to be stated if it is fundamental basics of offers and counteroffers that is supposed to be understood by everyone?

    [​IMG]
    Honestly I am surprised anyone could believe the possibility of such crazy system where one side is able to play abusive games with the other. "Since you've placed an offer you have to buy it anyway but I'm gonna have fun and try to squeeze even more out of you, I'm the boss!".

    The TOS you quote says the last offer made by the Transferee or Provider. When you counter, your counter becomes the last offer. Now it has to be accepted by the buyer for the agreement to be reached, otherwise there is no agreement. You can't simply rewind on a whim.
     
    Last edited: Feb 23, 2021 at 10:27 AM
  17. FolioTeam

    FolioTeam AMDB.tv VIP

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    But section 6.1 clearly states

    If this offer is accepted by the Provider, the bidding party is obliged to cooperate in submitting payment and transferring the domain within the set timeframe.

    The way I see it, the seller never accepted the initial bid but chose to throw in a counter offer. The buyer becomes obliged if his bid was accepted within 7 days. If it was rejected either directly or by counter offer , he is no longer obliged. If it was accepted on the 8th day, he is no longer obliged.

    On the Dan thread, I know people had requested in the past that the accept offer option should still be allowed even though you sent in a counter offer. I remember Dan saying that it wasn't possible and that you will just have to send a counter offer with the initial price.

    This is my personal opinion. I think for zero ambiguity, it's best if we hear directly from Dan
     
    Last edited: Feb 23, 2021 at 10:38 AM
  18. NickB

    NickB Wales.org VIP

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    That is why I underlined that part on section 3.4 .....as you say it ambiguous

    That part of the T&C's leaves it open to interpretation.....it reads to me either the last offer by the buyer or seller can be accepted....not the last offer by either party is the one that is binding.....

    @DAN.COM
    @LaszloSchenk

    Would be nice to have some clarity....
     
  19. DirkS

    DirkS DutchPirates.com VIP

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    No. Don't overthink it. By countering you decline their offer. It works like this even here at NP.
     
  20. DirkS

    DirkS DutchPirates.com VIP

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    Btw, they now probably think they're able to get in for even less than their original offer. Forget about the buyer. Set a BIN you're comfortable with and hope for the best.
     
  21. DOMAIN ILLUMINATI

    DOMAIN ILLUMINATI Owner of ▲ the most expensive domain of all time. VIP Gold Account

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    The latest offer is logically always the binding one (for the one who made it and for the time he (or the used platform) specified it), not just in domaining.

    I would consider this actually even an unwritten law.
     
  22. frank-germany

    frank-germany domainer since 2001 / musician VIP

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    short version:
    you lost the sale
     

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