LAW FIRM, TROUT & ZIMMER REPRESENTING GOOGLE & MICROSOFT RENEGING ON CONTRACT!!!

[MillersCrossing]

Law Firm

EDIT

I have since had a conversation with the law firm - they have given me their absolute word that they will follow through on the terms, and its their client who is dragging their feet - but that definately within 30 days of the escrow service that begun on June 10th, they will transfer the funds.....

I will keep my fingers crossed.

Thanks

 

[Spade]

LoL - What was the initial issue?

 

[IAmAllanShore]

That was a fast redaction of some bold accusations

General note for everyone: If you are going to post something that could be inflammatory/controversial/legal, why not wait a night and sleep on it?

-Allan

 

[Spade]

If you are going to post something that could be inflammatory/controversial/legal, why not wait a night and sleep on it?

Wheres the satisfaction in that?

 

[MillersCrossing]

That was a fast redaction of some bold accusations

General note for everyone: If you are going to post something that could be inflammatory/controversial/legal, why not wait a night and sleep on it?

-Allan

What the hell do you know Allan?????

Ehm EDIT

Yes Allan, you are right, perhaps a night to sleep on it would do the trick

James

 

[IAmAllanShore]

What the hell do you know Allan?????

Ehm EDIT

Yes Allan, you are right, perhaps a night to sleep on it would do the trick

James

Just offering an observation,

:hearts:

-Allan :gl:

 

[MillersCrossing]

Just offering an observation,

:hearts:

-Allan :gl:

Allan,

I was hoping my dry sense of humor would be recognised!!

You are of course right....that is why I put a smilie on the end of previous comment...and heres another one for good measure!!

 

[IAmAllanShore]

I caught it, just spreading the love around - no worries

And I do hope things work out well for you on this one - always intimidating going up with/against folks that have limitless checkbooks.

-Allan :gl:

 

[Dave_Z]

General note for everyone: If you are going to post something that could be inflammatory/controversial/legal, why not wait a night and sleep on it?

Make that a sticky, maybe?

 

[HiSoC8Y]

ALLTHINGS.tv

They will not pay you.

it happened to me, and they never sent me the payment, saying the client didnt wire them the money.

good luck though

 

[MillersCrossing]

ALLTHINGS.tv

They will not pay you.

it happened to me, and they never sent me the payment, saying the client didnt wire them the money.

good luck though

Had they set up an escrow account?? And if yes, isn't that a watertight case for offer & acceptance and you could sue for specific performance and a court should award you costs......??

The escrow names them and not the client as the transfer of name.........at least in my case....

 

[HiSoC8Y]

the escrow.com was initiated, and it expired after a month because there was no progress.

i dont know if i can sue them.

the step reached to where they are waiting to wire the money to escrow.com and they never did, and the transaction expired.

 

[IAmAllanShore]

Ok, now I have to ask - what is it that you are selling to Google/Microsoft?
-Allan :gl:

 

[Acroplex]

Sounds fishy to me, no law firm would represent both Google and Microsoft.

 

[MillersCrossing]

ACtually I am not selling anything to ggogle or microsoft.....but if you do a google search on them it seems that both companies have in the past been represented by them.

My case is a company based in the UK...............that they are representing....


James

As an update after hearing about this other person's story..this is what I wrote them today:

Audrey , further to our phone conversation yesterday, you promised me that the funds would arrive as soon as possible.

I just want you to know that someone posted the following on Namepros with regard to your law firm:

"the escrow.com was initiated, and it expired after a month because there was no progress.

i dont know if i can sue them.

the step reached to where they are waiting to wire the money to escrow.com and they never did, and the transaction expired."

Please be in no doubt whatsoever that whilst I will take you at your word and try and pretend that there is a legitimate reason why your client has not submitted the funds in over two weeks, I will sue for specific performance if the escrow gets cancelled..........

By the way, the contract is between me and you of Trout & Zimmer as clearly stated in the Escrow terms, not me and your client.....you are ultimately responsible.

So, let us first se what your word is worth.

But I will sue if you do not follow through on the transaction. Make no mistake on that.


Can anyone tell me if they can squirm their way outof the contract???

 

[IAmAllanShore]

But I will sue if you do not follow through on the transaction. Make no mistake on that.

Remember that whole "Sleep on it" piece of advice? Should have heeded it there....

Can anyone tell me if they can squirm their way outof the contract???

[/quote]

Any number of ways that they can "squirm" out of performance on a contract; any number of legitimate ways, at that.

-Allan

 

[Ronald Regging]

Maybe. - the only input I could offer since I have no idea whats going on. Way to make cryptic threads!

 

[bliss]

But I will sue if you do not follow through on the transaction. Make no mistake on that.

Do not threaten to sue someone for money or property. Personally, I would never threaten a lawsuit. I would request what is owed to me and if I did not get it sue without a word about a lawsuit.


http://en.wikipedia.org/wiki/Extortion

.

 

[jberryhill]

Sounds fishy to me, no law firm would represent both Google and Microsoft.

Trout & Zimmer is more of a consulting firm than a law firm. They act as a buyer's agent for companies seeking to acquire domain names, and they have done so for Google, Coca-Cola, etc. I guess the basic idea is that they believe people would jack up the price if they knew who was buying. However, it is pretty much a safe assumption that if it is Trout & Zimmer, then the buyer has deep pockets.

Can anyone tell me if they can squirm their way outof the contract???

It depends on what the contract says. Having dealt with T&Z several times, I'd be interested to know the particulars of your situation and of HiSoC8Y's situation.

 

[Ronald Regging]

Can anyone tell me if they can squirm their way out of the contract???

As far as I am aware when it comes to contracts, the legal remedy merely attempts to set both parties equal to the way they were before the breach/contract. Meaning, unless there is a specific clause outlining damages awarded to parties in the case of a breach, if you both end up equal to the way you started, it's considered fair.

What this is means is that you had a domain worth $5,000 (for example). They agreed to buy it for $5,000. You both started with $5,000 in cash or property. Now even if they back out of the contract, you both still have $5,000, so therefore no one has lost anything. Case closed.

The only way you may be able to sue is if you incurred some costs in the process, or if someone came along and offered you more for the domain, but you declined on the basis of the current contract. Then you may end up being awarded those costs or the difference from the amount the second party offered for the domain and the price originally agreed upon in the contract. So someone offers you $7,000, and you lose $xx in Escrow fees due to the transaction not completing... You may be able to sue them for a grand total of $2,0xx.

I imagine the contract doesn't contain a remedy/award for breach, and they probably assume you wouldn't receive another verifiable offer in the short amount of time, so to be honest, they probably are not very concerned about your threats to sue. This doesn't mean they won't keep their word though. Just that legal threats are usually not worth the effort to type