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Double offers at Sedo...question

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gazzip

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I previously assumed that when someone has made an offer on your domain(at sedo) that it would be closed from receiving an offer from another buyer until you had finished negotiations with the first. (due to the fact that a reply to an offer is supposed to be binding for a certain time)

This does not appear to be the case as I have 2 offers from seperate people for the same domain at the same time :-/

While I do not expect to sell it to either of them (due to their offer been way way lower than my listed price) I was wondering what would happen if you had 2 deals going and they both accepted your counter offer ?

Who would be legally entitled to get it ? the first person to make the offer ? or the first person to accept your price

Could be a tricky situation eh ! whats your thoughts on this :)


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AfternicAfternic
You're in the UK and Sedo is based in Germany (that's right isn't it?). So you're bound by EU law.

It depends what kind of listing you have.

A fixed price listing is an invitation to buy at that price. If your domain is £3000 and two people will pay £3000, the first to accept the offer (by offering to buy at this price) is legally entitled.

If it is a 'make offer' type, that's an 'invitation to treat'- A offers £2800, B offers £3000. Neither is legally binding, you are well within your rights to accept A's lower offer, but once you do, you are bound to it. If you countered both with £3500, then the first you offered this price to has a reasonable time to accept or reject, so if you offered £3500 to A, then thirty seconds later £3500 to B, then B said "yes, I'll accept £3500", then A came back and said "yes, I'll accept £3500" the next day, UK law would say A was entitled.
Although I'm sure within Sedo's Ts&Cs if it allows for the first acceptance to be the binding one, which would be in the contract we accepted when joining (buyers and sellers alike)- as this is a reasonable condition due to the communication medium, then whoever accepted your counter-offer first is entitled.
 
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I don't think you are required to respond to any offer. If you ignore it, the offer expires. If you respond to both with a counter, I would imagine the first acceptance of your counter would close out the domain from the second bidder to accept your counter. I have never had this happen so I am guessing but this would seem reasonable. Sedo would have a mess on their hands if they haven't worked this problem out by now.
 
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Tricky indeed :)
But there is an option along the short comments which is 'I am also negociating with other Sedo users', that has been around for as long as I can remember. So I guess it's no problem for Sedo to handle multiple offers at the same time.
I guess you could decide who to award the domain to if the offer is acceptable.
Would be interesting to ask Mara for a confirmation :gl:
 
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Sid,
I deleted your link because Sedo still hasn't fixed the security issue that is caused by URL sessions - if anyone had clicked on the link you posted, it took the user INTO your account (As at least two people did who PM'd me to take care of it).
Change your passwords and check your info, just in case anyone malicious found their way in. I deleted the link.
-Allan
 
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Thanks Alan :)

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Sorry, this is Off topic (OT) but ...Sedo still hasn't fixed that security hole???
 
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IAmAllanShore said:
Sid,
I deleted your link because Sedo still hasn't fixed the security issue that is caused by URL sessions - if anyone had clicked on the link you posted, it took the user INTO your account (As at least two people did who PM'd me to take care of it).
Change your passwords and check your info, just in case anyone malicious found their way in. I deleted the link.
-Allan

Horray- I can use the :red: emoticon

Thanks Allan and Gazzip and mysery second person who PMed mods.
Just got messages now.
 
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