End User Agreement - Who has one?

[MapleDots]

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

 

[biggie]

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....

 

[stewmath]

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

 

[leftfielder]

I cannot argue with most of the members and their comments but I just want to ask again and get back to the main question.

DOES ANY MEMBER HAVE OR HAS ANYONE EVER USED AN END USER AGREEMENT?

I understand everyone's point but I would like to get back on point for the topic which is the end user agreement and not necessarily whether or not I decide to sell the domain in question.

Let me ask you this: would you want sign an end user agreement each time you bought a name from NP or GD, etc? As I said previously, be true to yourself. Don't take this opportunity to switch things up.

 

[karmaco]

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.

 

[biggie]

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.

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....

 

[Smiles76]

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.

You don't price a name based on the buyer. You price it based on it's worth. If someone is selling a house for $100,000. It doesn't suddenly become worth $1 million because the buyer is wealthy. Also, NEVER EVER assume that more offers will come. Like most things in life, people usually have a backup plan. You are one click away from losing this sell.

 

[Ategy]

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

 

[stewmath]

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.

 

[BaileyUK]

Always a hard one when a Sale/Price you previously would have been satisfied with starts raising doubts in your own mind. It quite possibly is a Broker being employed by the end user to negotiate the purchase. Hence that initial unprofessional first enquiry. You can always ask for the Business Contact details and phone number for your records, just say you require it for your invoicing records - should a sale complete, There is no reason a end-user should deny that request.

I must admit I tend to do all the investigative work before a reasonably high sale, in fact anytime where I'm not sure of the buyer or I feel there is a broker at work. In this case, I think where they have the Upper-hand at the moment is that it's not really a term (I like to call it 'Word Art') that they are going to find themselves in competition over.to purchase so could possibly play a waiting game. Brokers are the ones that tend to act with some sort of urgency in order to secure their commissions.

One thing I have learnt to do over the years though, is be satisfied with whatever I've finally settled on and take each negotiation as part of the continuing learning process (even after nearly 20 years)

I certainly wouldn't go down the road of trying to install some sort of end-user conditions . then you would be the one coming across as unprofessional/unreasonable in your transactions (unless it was a lease contract)

 

[BaileyUK]

I agree with Smiles76 Whole heartedly. actually between now and my last post this came in from Sedo.

Today, 10:49



Hi *********,

Just got off the phone with the Buyer. His maximum budget is 850 GBP for ********.co.uk . He will meet all Sedo brokerage charges.

Please let me know if this price is fine with you.

Best regards,

Now I know I could have held out for more, But I sold it at what the domain is really worth - NOT what I thought the buyer could afford, that would have been probably 5 times as much. But this has been in negotiation for a month

 

[Brandworthy]

For the love of God man. You're talking about a legal agreement with stipulations for a $5K domain sale. This should require legal council on both sides, and probably involve various back and forths to finalise, incurring legal fees likely in excess of the transaction value. Who in their right mind would want to get involved in such a colossal waste of time and money over a $5K transaction?

It's absolutely important to find out as much as you can about prospective buyers, but 90%+ of leads will try to hide their true identities given that many know that domain pricing often depends on who the buyer is. We'd all do the same if we knew the price we're asked to pay for a good or service varies based on how much money we have. So absolutely try to price your domain to take as much money off the table, but unless you have a stellar name forget about End User Agreements or other caveat-ridden contracts. You're more likely to regret losing the sale completely a lot more than you will leaving some money on the table. With the name in question I also think you'll be waiting a long time for the next lead to come along. I'd take the money and run...

Sell the name or don't sell the name, but stop wasting time and energy on this fool's errant.

 

[Ategy]

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.

 

[leftfielder]

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.

 

[stewmath]

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

 

[MapleDots]

Politely and humbly mention that another party has shown interest and you are doing nothing with the domain for x days. Ask them if they would like for you to keep him/her in the loop and keep fingers crossed.

That is exactly what I was thinking, I am hoping they will fess up and say they have inquired before. That is a lot of assuming on my part but I am ok with holding on to the domain, it has a phenomenal logo and I have the matching extension.

 

[Mister Funsky]

I am hoping they will fess up and say they have inquired before.

Yes, that would be optimum response from them...only thing better is if they would respond 'okay, so how much to close the deal today'.

 

[MapleDots]

Yes, that would be optimum response from them...only thing better is if they would respond 'okay, so how much to close the deal today'.

HeHe, then I am back to square one because it has got to be a tech firm wanting it. A private citizen would have no use for that domain.

I'll attach a screen shot and you give am an opinion please.

 

[Mister Funsky]

Do a giggle search for the last 5 letters...interesting results. I like the logo by the way.

 

[Mister Funsky]

My first sale this year was okay, but my gut had told me to raise the price 2K...literally an hour before it sold at a lower price. Gut instinct is often overlooked too much in our modern world. It kept humans alive and multiplying for untold thousands of years. It should be listened to more often whether in business or personal relationships.

I may post the details of that sale in another thread later.

 

[sharfab]

NEVER fall in love with a Domain Name to the extent that you want to still have some type of control over it after you sell it. I can see if this Domain Name was closely attached to a company that you own or to your brand and you needed that as protection, but this isn't the case. Its getting very tough these days to sell Domain Names. Be very mindful of what can be construed as obstacles and hinderance during negotiations. Most buyers go into a deal with skepticism and caution and will likely be turned off with that stipulation. Buyers want to buy Domain Names free and clear. That is why you get the price that makes you feel comfortable or you just don't sell till the right person comes along.....

Do a survey and see if most Domain Owners will sign an agreement, the results will assist you with a answer and give you comfort in your future sales...

 

[MapleDots]

I agree with Smiles76 Whole heartedly. actually between now and my last post this came in from Sedo.

Today, 10:49



Hi *********,

Just got off the phone with the Buyer. His maximum budget is 850 GBP for ********.co.uk . He will meet all Sedo brokerage charges.

Please let me know if this price is fine with you.

Best regards,

Now I know I could have held out for more, But I sold it at what the domain is really worth - NOT what I thought the buyer could afford, that would have been probably 5 times as much. But this has been in negotiation for a month

Great news, a sale always brightens up the day

 

[Brandworthy]

In fact I am almost positive I am not being told the truth.

Cant say the truth is often forthcoming from many prospective domain buyers.

Once you sell a name the new owner can do with it what they want. If you try to start putting conditions on the sale (I presume this is what you mean by wanting an "End User Agreement") things are likely to unravel.

If you're gut tells you it's worth more then ask for more, or politely decline the current offer. If you explain to lead that you have some plans and want to hold onto name rather than that you want more it's likely you'll find out quickly just how interested they are.

 

[sharfab]

I recently did some research about this topic. It was also mentioned that another domain owner used this type of agreement for the sale of their domain name. What I found out was that NO domain owner use a "End User Agreement". There is NO such language used when selling domain names. The correct terminology is "END USER LICENSE AGREEMENT" and that agreement is only used when there is only a LEASE agreement and not selling a domain name. And do not confuse the word "User Agreement " which is what most of us have to agree to when we use a internet-based service or mobile app.
If a domain owner choose to draft up an agreement with stipulations then of course that is his right. But speaking with other domain owners, this is not the norm as a practice for most people who buy and sell domain names and all of them honestly said that if any type of useage agreement have to be signed then they would walk away from that purchase...

 

[Brandworthy]

Brandworthy I am happy that you make enough money to call this a fools errand

Enough is a relative term. I do know that if I was in the buyer's shoes and I was asked to enter into a contract binding me to certain uses I'd probably go look for easier alternatives.

I assure you that proper contracts and agreements make for good business practices.

This is not a proper contract IMO. Imagine buying a home or a car and being told what you can/cannot do with it by the previous owner? If we were talking about a very valuable domain you might have a valid argument to add conditions to a sale agreement, but the name you have in the image is a poor one, and warrants taking whatever you can get and running IMO.

The only regret I will have is if the buyer gets the domain pretending to be someone who he is not.

This is a good position to be in. Domaining is as much about knowing when to say no as it it is about when to say yes. But take care not to obsess about what happens after a sale concludes. Take your gains when you can and move on to the next deal. Just my opinion, and at this point I'll leave this thread since we all surely have more productive ways to apply ourselves

Good luck with the sale regardless. I hope it does complete.

 

[BaileyUK]

I never thought I was a trail blazer with this, I was hoping someone had a similar draft already .

I Don't think your so much a trail-blazer, more just being Unique in your request. So, no I don't see anyone following your lead at anytime in the future.
It was very helpful to all the members that you should share the domain in question, hence the amount of responses. it's one of those domains where I think all of us would put in the ground-work to try to establish the potential buyer but, equally understand and accept that it would require a good deal of investment (or an existing internet presence) to turn into something high-profile. If you had buyers lining-up (I accept you had more than one approach) then your negotiation skills should be what you'd be relying on to up the price . Why don't you just try that mid-way point of asking for $10k as a figure for a fast completion. I've got a feeling that even if you'd gone ahead with the agreement and somehow created a bigger closing price, you still may have had that "Sellers Remorse" that we all get at one time or another.

All the best for the Completion