Do offers mean anything nowdays?

[kidalex]

I had 3 offers in the last couple of weeks: one on SeDo, one on Moniker and one through a private contact. They were between $50 and $200, so nothing big. But once I've accepted the offers - I've never heard from them. So, here are my questions:

1. Why make an offer if you really don't want the goods?

2. Is this common in the domain industry?

3. Why don't sites like SeDO and Moniker force the buyers into the payment like eBay does where they simply subtract the funds from your known money source?

Thank you for your advice

 

[seeker]

Spade, there are a few cases that I know of (I admit very few that I know of) that this has happened.
I will do my best to get the people involved from DNF to give me the ok, or, even better, for them to submit the info here.
My case was pretty straight forward.
It first happened at Afternic, and was 'corrected', and the second one was at Sedo, which I settled on my own.
The process (and the dilema) isnt worth it if we are speaking of a few thousand $.
But when it comes to larger numbers, then the story changes.
as an expert on email issues, I would like to bring in DNQuest (username, and I hope he is ok for me bringing him up, but he knows a lot more about email issues than anyone that I know).

Trying to enforce an email, as a legal contract is down right silly.

Justin

ooohhhh.
That was a silly comment.
I will await DNQ's reply.

 

[creature]

How do you know the individual emailing you is who they say they are?... How do we know a kid didnt get on his parents computer? What aspect of the domain is legally binding? How do you enforce if an offer comes in from overseas?

Trying to enforce an email, as a legal contract is down right silly.

Justin

I guess 99% of the time it would be too costly to bother to enforce an email contract. However, if some big company/individual offer to buy your domain for $1 in an email and you reply agreeing to sell your domain for $1, and then if you receive that $1, then (as I understand) your domain is no longer yours. If there is some kind of misunderstanding after that point, then maybe the buyer has grounds to try to enforce the deal..........I would have thought so anyway. Up to some judge to decide if the seller really wrote the emails imo

 

[goodkarmaco]

We will go around the merry go round with this topic forever if the auction houses do not enforce policy. One way, and the only way I can think of that actually has some teeth to it is this.. and you have heard it before.

Any bid on a name has to have a minimum of 10% as backup funds in case the person placing the bid walks. That 10% goes directly to the domain owner if a purchase defaults. The money is taken off the final bid if it completes.

If this is done we will never have this conversation again.

 

[Spade]

I guess 99% of the time it would be too costly to bother to enforce an email contract. However, if some big company/individual offer to buy your domain for $1 in an email and you reply agreeing to sell your domain for $1, and then if you receive that $1, then (as I understand) your domain is no longer yours. If there is some kind of misunderstanding after that point, then maybe the buyer has grounds to try to enforce the deal..........I would have thought so anyway. Up to some judge to decide if the seller really wrote the emails imo

When you accept money for goods, thats an Entirely different story. Im reffering to a simple email confirmation of sale.

Is my comment silly? I wouldnt have thought so - but I'd be happy to be proved wrong. I wont claim to be the end all know all repository of information. I would be quite shocked to see a legal contract being enforced on the grounds of a simple email.

However again - as I asked for earlier - a simple case reference. I would be fascinated to read the results.

Justin

 

[npcomplete]

Of course even a *verbal* contract can be legally binding, but difficult to prove. There are such cases in decisional law for verbal contracts, and with considerably less evidentiary support than email evidence. In the vast majority of cases, however, the lawyers fees and court costs would eat up any supposed benefits from a suit. Counter suits for court costs and fees may be another big hurdle, making this an overall wasted effort in litigation. Competent counsel could always argue around what was said vs intended in an email message.

Marc

 

[BinderGang]

I had a guy here who goes by the username: Business.LV make a $7500 offer for a domain. He had me sitting in Escrow for over a month, saying he paid by wire. Escrow informed me to wait...and wait...and wait...and finally said, all he did was click the button that said he paid, he never sent anything.

The guy said he ran an ICANN registered registrar too. And even weirder...he wanted me to push the domain first and if I did he would have paid me "more".

He's still registered here and by the looks of it from his itrader, he did this nonpaying crap with someone else too.

 

[goodkarmaco]

Who is it?