Finteza

People trying to sell domains before buying?

Located in Domain Buying and Selling Discussion started by wormfood, Dec 5, 2018.

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  1. domaineed

    domaineed Established Member

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    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. TestCase

    TestCase Note: Doesn't play well with others. VIP ★★★★★★★★★★

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    I fully understand that. I was just pointing out that for most such failed transactions the chances of being taken to court are VERY slim due to the time, money and effort that will be needed to successfully pursue the case.

    This is assuming the seller returns all the money that may have been paid by the potential buyer. Heck, if the money has been repaid, I'm not even sure there is a case...

    I have ordered and prepaid for any number of items over the years, waited for delivery, and then had my order cancelled due to the item no longer being available. Is that right or wrong? Wouldn't this be the same situation?
     
    Last edited: Dec 5, 2018
  3. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent VIP

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    It is an interesting ethical question, that as the thread shows can be viewed in various ways. Here is my take on the issue (subject to change :xf.wink:).
    • If the person selling before they had bought the domain name portrayed that they owned it then it is definitely wrong. Misrepresentation.
    • If they represented themselves as someone that could probably obtain the domain name, and asked the final buyer if they would be interested in it at such and such price, that is probably ethical. That is they made clear that they do not currently own it and are not sure that they can get it.
    • If the person who sold it before owning it did outbound to multiple parties that is unethical because it might well tarnish the chances of the person who really owns it selling. Imagine how you would feel if someone sent out a bunch of outbound queries on a name you own.
    • Personally I would never try to sell a domain name I do not own. It is fraught with issues even under the best of circumstances imho.
    Bob

    Edit: I wrote the above assuming a situation where the name was promoted/sold prior to a purchase decision. Later posts suggest that might not be true in this case.
     
    Last edited: Dec 5, 2018
  4. Hireinternet

    Hireinternet Active Member VIP

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    Lol - i did not even know that someone created this useless thread -

    I bought domain on friday and sold today . What is wrong ?

    I can feel your pain :-P But there is nothing wrong we are buying domains for selling purpose .

    Anyway - i am buyer and seller .
     
    Last edited: Dec 5, 2018
  5. Tunababa8v

    Tunababa8v Established Member

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    Well, only that your neighbor didnt list his car for sale but in op's case, he listed the domain for sale.

    here.

    I can't do it but it happens much like people saying they want to buy domains but they were only interested in what domains you own without buying anyone.
     
    Last edited: Dec 5, 2018
  6. Hireinternet

    Hireinternet Active Member VIP

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    I saw domain listed for sale here on Friday - and searched in google found few companies related with this name . I bought domain from him and paid as/deal . After buying i started outbound and sold . Can anyone tell what is wrong ? Hold time 4-5 days . I did not took domain from him - i bought domain and paid amount he selling for - now he is claiming that i did outbound before buying :xf.wink: i can do for good names and make more profit if i do .
     
  7. Tunababa8v

    Tunababa8v Established Member

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    This case is more like 'you dont value what you have until you lose it'. Seller trying to get rid @ $35 and buyer displayed a more astute instinct to find market for the domain. If I am being honest, I will say good work @Hireinternet
     
  8. TestCase

    TestCase Note: Doesn't play well with others. VIP ★★★★★★★★★★

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    This was my initial understanding as well.
     
  9. MapleDots

    MapleDots Domain Properties 2010 - 2018 VIP

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  10. h2ov

    h2ov New Member

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    What if the owner is hit with UDRP only because you are frontselling their domain name without informing them? Damages? Is something wrong now?
     
  11. urlurl

    urlurl Active Member VIP

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    exactly!
     
  12. xynames

    xynames XYNames.com PRO VIP

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    One issue that is interesting is - how does someone (who doesn't own the domain) offer for sale something as easily owner traceable as a domain - I suppose most recipients from outbound inquiries don’t bother to verify ownership during the negotiation phase but still.

    I think most of you who are opposed to all this are reacting based on emotion. It’s strictly business.



    And as I've said before, this sort of thing has been going on since the dawn of civilization. And all the OP describes is outbound inquiries not necessarily a specific “listing.” And then later he made a long rambling post that doesn't seem to confirm that the domain was even offered for sale before it was acquired.

    Still, it's worthwhile to discuss this subject in theory even if that is not what happened here.
     
    Last edited: Dec 5, 2018
  13. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    This kind of stuff can happen. It can backfire.

    I have an example in mind.
    A few years ago, there was a LLL.com expiring on NJ. So a smart domainer decided frontrunning on it.
    He contacted a few obvious end users before the auction was even over and before he was in possession of the asset, the idea obviously being to gauge interest from real world companies and see how high he could bid.
    One of those end users didn't like it, a domainer trying to sell their TM acronym. NJ had to pull out the auction because of the legal threats from that end user.

    So, selling a domain name without prior knowledge and authorization of its holder is not only unethical, it can lead to legal problems and depreciate the asset.
     
  14. urlurl

    urlurl Active Member VIP

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    don't forget this could happen

    1. domainer see's a name listed for sale (not his) that has potential and does an email blast to potential endusers.

    2. One of those recipients turns out he knows the owner of the name (or is the owner of the name) but doesn't say anything to the domainer.

    3. tells the domainer he really wants it and is willing to pay $xx,xxx bucks for.

    4. Domainer get's excited and buys the name with a buyer already lined up

    5. goes to sell it to the enduser.

    6. enduser says no thank you... but thanks for buying my name... sucker!
     
  15. MapleDots

    MapleDots Domain Properties 2010 - 2018 VIP

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    Perfectly worded (y)
     
  16. jamesall

    jamesall Established Member

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    That may be so but not when he purchased DOS and you wouldn't be domaining right now if he hadn't done that either.
     
  17. mr-x

    mr-x Acme Domains Gold Account VIP ★★★★★★★★★★

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    Of course I would. There would have had more choices and better OS's from software makers Bill Gates put out of business with illegal non-compete deals with hardware manufacturers.

    MicroSoft didn't just copy parts of MS-DOS, they copied / stole code from OS2 and BSD Unix.
    Beside, Gates wasn't the only thief in Silicon Valley.

    Ironically, I've spent the better part of an hour trying to remove Visual Studio 2015 from my desktop.
     
    Last edited: Dec 5, 2018
  18. mr-x

    mr-x Acme Domains Gold Account VIP ★★★★★★★★★★

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    Bill Gates admitted he was slow to realize the Internet was a game changer. MS stole networking code from BSD to catch up. How many versions of Windows desktop were horrible failures, including Windows 7.
     
  19. uglydork

    uglydork Active Member VIP

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    If you go through with the purchase as agreed who cares?
     
  20. mayazir

    mayazir VirtualNameMarket.com VIP

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    What?? Why cheating?
    I dont see any problem if somebody made a few outbound and got g buyer I couldnt get, and then bought my domain for resale.
    He makes it on his own risk because the potential already ready buyer can contact the actual owner and made a deal without "broker".
     
  21. wwwweb

    wwwweb Top Member VIP

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    medigroup.org?

    Well the issue is if they were playing with this person's goodwill, they might have caused a UDRP, and maybe they got an answer before they committed to the purchase.

    It is a very fine line, and I don't think anyone should sell a name unless it is in their account, or in the account of a rep that they have hired, or have permission thru a broker agreement.
     
    Last edited: Dec 6, 2018
  22. mayazir

    mayazir VirtualNameMarket.com VIP

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    They just did what you couldnt do - they found the buyer and sold the domain.
     
  23. sircc

    sircc Established Member ★★★★★★★★★★

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    It's the ethics of selling something you don't own.
    It's called misrepresentation or false representation. You cannot pass yourself off as being the owner or his representative, in order to sell something you were not commissioned to do.

    I'm not even talking of the damages he can cause by sending out spam, about a domain you own.
     
  24. mayazir

    mayazir VirtualNameMarket.com VIP

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    Each one can outbound whatever he wants.
     
  25. vravis9

    vravis9 Established Member

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    Of course you can do all that if a owner asks your help or there is some understanding between both of them...

    Any respected person will not sell something they don't own and no one asked their help...


    It is not registering a new name after checking the enduser possibility and then going ahead with registering name...

    It is taking someone's name and trying to sell as if their own without telling the original owner and without giving any profits...

    It is totally acceptable once the name is in your account and you found your potential buyer...it's simple you are selling something you don't own that's not a proper way...


    Apparently there is some support here and seems already being practiced by people...

    These are just my thoughts
     

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