End User Agreement - Who has one?

Discussion in 'General Domain Discussion' started by MapleDots, Jan 10, 2018.

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  1. MapleDots

    MapleDots Established Member

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    So I have been contacted about one of my domains and its is a pretty decent domain and after some haggling I got a 5k asking price. Looking at the domain again I cannot help feeling there is something going on and the buyer is not the end user. I have a feeling that if I sell the domain I will see it in use and curse myself for not holding out for more.

    I read this all the time and remember reading a topic just recently about www.messengerkids.com where the end user ended up being facebook and the domain seller had no idea. Granted he got a decent price but had he known who the end user was going to be I assure you he would have gotten more.

    So the question I have is does anyone use an end user agreement?

    In other words... I will sell you my domain for 5k if.....

    1. You are the end user
    2. You have indicated actual end use of the domain to me
    3. You will not resell the domain for a period of 1 year
    4. etc, etc

    Has anyone done that?
    Do you have an example of an agreement?
    Is it even feasible to try and do this?

    What if I give the buyer two choices...

    5k with end user agreement

    10k without end user agreement

    I would just like some opinions and feedback on this one please. Also if you have any personal experience with this.

    In the software industry end user agreements are quite common
    https://www.google.ca/search?q=end+.....69i57j0l5.5161j0j9&sourceid=chrome&ie=UTF-8
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. biggie

    biggie Top Member VIP ★★★★★★★★★★

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    negotiate the sale and be done.


    if everybody worried about what the buyer was going to do after they got possession, then not many sales would take place.

    if this was a lease to own deal, then you could include some usage stipulations, while lease is in effect

    still, asking such questions about their intent or who they are, should be done during initial conversation...if/when it is an "incoming" inquiry.

    when you are soliciting.spamming aka outbounding, why put unnecessary hurdles in front?

    imo....
     
  3. stewmath

    stewmath Top Member VIP ★★★★★★★★★★

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    I dont care what the buyer does with the name, as long as i get paid
     
  4. karmaco

    karmaco Established Member

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    Ask for the price you want and be done with it. No offense, but it’s really not your concern what they do with a name after purchase. This is likely to be a major turnoff to them if as you say they were haggling to 5K mark.
     
  5. Ategy.com

    Ategy.com Business Member Business Account VIP

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    I'd have to agree with most of the above advice. Figure out the price you want for your domain and then try to be happy with it. I'm thinking it's actually going to be pretty rare that a domain will be bought by a reseller. It certainly is a possibility .. but ask yourself is it worth losing your sale just at the small chance. Then add to that that they might not even buy your domain if you try to play games .. as well as just not want to bother with legal agreements to not tie down their future options with the domain.

    At the end of the day though .. it really depends on the domain! lol
     
  6. MapleDots

    MapleDots Established Member

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    I understand all of your points but in this case my gut instinct tells me I am underselling and the perspective buyer is telling me a story. In fact I am almost positive I am not being told the truth.

    I have not brought up the point of an end user agreement and I usually would also not worry about that but all my radar is telling me something is going to happen with this domain.

    Why would it be so wrong to say if you are telling me the truth 5k, if you are lying then 10k.

    ie: 5k with end user agreement

    ie: 10k without end user agreement

    In this case I am really torn, the person negotiating sounds like a pro to me. He knows all the lingo, knows the process, knows how to negotiate. To me it sounds like a company paid to grab the domain and he probably has a much bigger budget.

    I would love to get more opinions please.
     
  7. stewmath

    stewmath Top Member VIP ★★★★★★★★★★

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    Depends if you can afford to take the risk with the chance of losing a sale. Personally, if i were the buyer and someone came back to me about an end user agreement or double the price you probably wouldnt hear back from me again.
     
  8. MapleDots

    MapleDots Established Member

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    Forgot to mention.... he cold contacted me and first question was...

    Is the domain for sale and are you the person making the decision for the release of the domain to a perspective buyer. From there on forward it just became very business like, he told me I could not push the domain and if I was able to make all the registrant changes.

    So he knew I did not have it at godaddy or a major registrar (available in whois) but it was all too formal, too fast. It just set off my radar big time.
     
  9. domainscouter

    domainscouter Established Member

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    go for 10k and negotiate from there
     
  10. Ategy.com

    Ategy.com Business Member Business Account VIP

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    lol .. well .. if you're not happy with the price .. ask for more!

    Nothing at all wrong with saying no to an offer .. that'll probably be more helpful to you than an end user agreement. ;)

    I just don't ever see anybody ever signing such an agreement .. as it's really their own business what they do with the domain after the money has been delivered to you.
     
  11. Ategy.com

    Ategy.com Business Member Business Account VIP

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    That's a different story if you're worried about the actual authenticity of a buyer. If that's the case then maybe have them jump through some other hoops like contacting you for a business email and not just a booyah3248347 @hotmail account. For emails from such domains I usually honestly state I don't give quotes like that (although I invite them to make an offer or to contact me via another email) .. although it really depends on the domain.
     
  12. MapleDots

    MapleDots Established Member

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    All good points...

    Another thing I forgot to mention is that I had 2 offers in the last two months on the domain and one was from Germany and the first thing they said was we don't have any money but what could you sell it for.

    Next inquiry that came in via email, went back and fourth a few times and when I asked what the intended use was the emails stopped.

    The domain in question is www//photograpp//com
     
    Last edited: Jan 10, 2018
  13. MapleDots

    MapleDots Established Member

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  14. Ategy.com

    Ategy.com Business Member Business Account VIP

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    The other big problem with asking for an end user agreement .. aside from just being awkward .. is that you're essentially telling the other side that you are actually willing to accept 5k. Because at the end of the day .. if your hunch is wrong .. all you'll ever get is 5k.

    Just saw your post .. you should edit it out to be like namex // dot // com
    or even name x // dot // com

    Also .. I'd be very happy with 5k for that domain .. it's a cute hybrid/typo of photograph and app .. but it's stil la hybrid name.

    But if you're not happy with 5k then ask for more .. sounds like you have interest in the domain .. I'd think anyone willing to spend 5k will at least stick around for further negotiations .. even if it's to confirm they won't go above 5k.

    GMX seems to be a free email just like hotmail .. I'd treat it as such .. whatever that means to you! ;)
     
    Last edited: Jan 10, 2018
  15. Rothex

    Rothex ROTHEXCHANGE.COM Business Account

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    Judging from your original post it sounds like you already agreed on a price of $5,000 with the buyer. If that's true, I would stick to the agreed upon deal and sure thing. It's going to be a hard sell to now up the price, but if your gut is telling you somethings not right and you can afford to wait then I would just walk away.
     
  16. Thirwell Castle

    Thirwell Castle Established Member

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    "Never Leave Your Name Out In The Wild, Until The Sale Is Done."

    Just sell at what you're happy with, no need to put them through hell, eh.
    Have A Great Day..
     
    Last edited: Jan 10, 2018
  17. MapleDots

    MapleDots Established Member

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    The name is edited - thank you guys

    I have never agreed to the 5k, I just started the haggling process and said any negotiations will be in the thousands and not the hundreds. The 5k was tossed to me and I now need to respond.

    I think I am going to politely pass on it. Three contacts in two months, there is something going on there and I don't desperately need the sale. I think I am going to wait and see how it plays out. I personally think there is a startup of some kind involved and I think I would be leaving money on the table.

    I am not going to sell it unless I know for sure who the end user is.

    Done - clean and simple
     
  18. tldboss

    tldboss Active Member VIP

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    I agree with others.

    Do not worry about what they are going to use the name for. Personally, I would take the 5K & reinvest.

    Good luck!!
     
  19. leftfielder

    leftfielder Established Member ★★★★★★★★★★

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    Be honest with yourself and the buyer and go with your gut. Apologize, withdraw your offer and ask if it's okay to contact them at a later date. And don't reveal a name that's currently in negotiations.
     
  20. Ategy.com

    Ategy.com Business Member Business Account VIP

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    @MapleDots .. throw something else inbetween the name and com aside from the slashes (which are likely ignored in searches) .. I use domain // dot // com .. if you're getting serious inquiries maybe even break up the left of dot as well ..

    @Thirwell Castle .. he did edit it .. but since you quoted him the original domain is in your quote! ;)
     
  21. MapleDots

    MapleDots Established Member

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    I never made an offer, they did. If I agreed I would sell, I stand behind my word. I have yet to say yes or no to the 5k offer.

    So the advice from the majority on the thread here is take the 5k?

    I'm a little surprised considering that this is the 3rd inquiry in as many months.

    I am interested if I am alone in my opinion or if anyone else would decline like I intend to do.

    I cannot ask 50k if it truly is a tiny little company but I may bump it to 10k. The problem is not knowing who I am dealing with. Ordinarily that is 50% of the time and it does not bother me but in this case there seems to be an increase from almost no action to a lot of interest. I strongly feel I would be leaving money on the table at 5k.
     
    Last edited: Jan 10, 2018
  22. stewmath

    stewmath Top Member VIP ★★★★★★★★★★

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    Why not place the domain on a landing page with a BIN price of $10K+ and a make offer and see what comes of it, if theres many people contacting them maybe someone will hit the buy it now
     
  23. Rothex

    Rothex ROTHEXCHANGE.COM Business Account

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    Then I would counter the offer at 10k and based on their response maybe settle somewhere in the middle of the two e.g. 7.5k. It's clear that 5k is not enough for you to sell the domain and since you're still in the negotiation phase just counter with whatever your number is.
     
  24. MapleDots

    MapleDots Established Member

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    Rothex, I understand your reasoning but this domain can only be used for one purpose and that is to launch a new app. It really has no other application so the only question is who want's it?

    Imagine if a case like messengerkids.com it is a big massive company, then 10k is a drop in the bucket. What if a company wants to compete with instagram or something. Sure if it was one of my other domains then no problems, I always take 5k and run but I am sooooooooooooooooooo hesitant on this one.
     
  25. biggie

    biggie Top Member VIP ★★★★★★★★★★

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    the problem to me is...

    you're trying to sell for a price based on the company or who you think it might be...

    rather than having a price in mind and trying to negotiate to that amount.

    there is a curve, a tipping point, and possibly other options for those potentials

    making more of it, than what it should be, is a tell sign.

    imo....
     

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