Please help with legal issue

[James B]

Hi,

I recently participated in an on line auction at SEDO.

I have won names through SEDO before and never had a problem. This time they are so far unable to contact the seller. It has been over a month. Can you please advise me what my legal rights are. I thought if someone entered an item into an auction that they were obliged to sell the item to the winning bidder.

How does this work with domain names?

I have contacted SEDO who have offered my money back but I have built up a site and marketing around the name and want the name.

Thanks

Regards

James

 

[Ronald Regging]

Unfortunately there isn't much you can do, aside from taking legal action against the domain owner. Sedo should be more than willing to offer the seller's contact information to you if you ask them for it.

Maybe a nice stern phone call will persuade them to close the deal?

 

[kellyandbryan]

Dude that is crap when that happens. I had the same thing happen to me when I grabbed a good name cheap and the seller dissapeared off the face of the earth. They should put some system in place to prevent that, but I don't know what it would be. Maybe a seller feedback system would be helpful to only buy from guys that don't run away. Anyway, take your money back and move on because I dont think you or sedo can do anything to a seller that runs. ebay has systems in place to deter that kind of thing and it still happens there everyday. I am sure Sedo's legal contract that you enter into would not hold up in a court and the seller would win any case you brought. I like sedo, but I think they need a little improvement here and there.

 

[IAmAllanShore]

Is the whois on the domain name correct?

Might as well give them a ring to see what's up - doesn't look like they want to sell anyway, so no harm to you from the potential of losing the opportunity to purchase.

-Allan :gl:

 

[RezaS]

The seller has a binding contract with you and Sedo so the law is on your side in this case. If there is a big amount of money involved you could obtain the domain by performing legal actions quite easy...

 

[IAmAllanShore]

If there is a big amount of money involved you could obtain the domain by performing legal actions quite easy...

:lol:

(Sorry, that's just not correct in any way, shape or form.)

-Allan

 

[RezaS]

:lol:

(Sorry, that's just not correct in any way, shape or form.)

-Allan

Well ok I have got to admit the process will not be easy, but the sedo contract both buyer and seller agree with are binding right... It has been happened before that Sedo has sued a buyer who backed-out after winning a auction were a quite large amount was involved.

 

[James B]

Hi All

Thanks for the replies.

It seems if I can be bothered that I go for it and try and get the name. I have also contacted Nominet to see what they suggest as technically my understanding is they control all the .co.uk names. I am hoping its a case that they contact SEDO to confirm I won the name and then pass it to me under some sort of force. Will that happen? if only my life was that easy.

RezaS, Im under the same impression that technically by law all parties ticked boxs and one put and item up for sale while another signed to say they would buy it if they were the winner. OK if this was done on a site like this one (pls no offence to here) then I dont think the legal side of things would stand up very well but I want that name and Im going to do what it takes to get it.

I was also under the impression if I won the case the loser has to pay court fees etc? Not sure if that is the case.

RezaS my main reason for putting this last bit back to you was do you have any further info on the case you mentioned where SEDO sued someone? I meant to ask that but went onto something else.

Thanks again All for your help on this.

James

 

[Ronald Regging]

RezaS my main reason for putting this last bit back to you was do you have any further info on the case you mentioned where SEDO sued someone? I meant to ask that but went onto something else.

Thanks again All for your help on this.

James

If Sedo themselves sued someone for a high value domain sale, more than likely it was only for their commission, not to force the seller to transfer the domain.

I could be wrong, but I just don't see Sedo going through legal processes for their customers. But I could definitely see them doing it for THEIR commission if it was a super high priced domain where the commission itself would be $xx,xxx or $xxx,xxx

 

[James B]

Ronlald Im just interested in the case. If it was a legal victory no matter what the justification they were proved right by the sound of it.

I didnt think for one moment that they would sue someone for me. Im just a little fish in a big pond and companies like that dont give a dam about me at all.

James

 

[RezaS]

If Sedo themselves sued someone for a high value domain sale, more than likely it was only for their commission, not to force the seller to transfer the domain.

I could be wrong, but I just don't see Sedo going through legal processes for their customers. But I could definitely see them doing it for THEIR commission if it was a super high priced domain where the commission itself would be $xx,xxx or $xxx,xxx

I think I mentioned that clear enough in my post that Sedo will only go trough legal processes if we are talking about some big figures. Thats why I asked you James are we talking about a big amount or not? It is sad but thats the reality Sedo will only take further legal actions if there is some real commission to gain.

I would advice you to keep on trying to obtain the domain by keeping contacting Sedo and the Seller of the domain.

If you decide to go trough legal processes you got to keep in mind that there is also a possibility you could lose. But if you win the case the loser has to pay up the court fees.

I would suggest you to mail or email the seller that you are thinking of suing the guy and tell him that you got the law with you in this case. I think that will change his mind.

I hope you will get the domain anytime soon.

 

[IAmAllanShore]

Miss his question? Where is this lawsuit you mention about Sedo against a non-paying bidder... I would love to read more.

You keep telling us what Sedo will and will not do; here's an opportunity for you to show us a primary source, no?

-Allan :gl:

 

[RezaS]

I am sorry Allan but I can't provide you any source which proves my statement. Maybe I shouldn't even have mentioned it.

What I can prove is this email I got from Sedo a while ago. In this case I was the seller.

Hello *****,
>
>Please note that the agreement to sell the domain is legally binding and that
>the buyer can sue you for breach of contract if you decide to back out.
>
>Kind regards,
>
>Steve Opadeji
>
>Account Manager Domain Transfers
>Sedo GmbH • Im Mediapark 6b • 50670 Cologne
>District Counsel Cologne HRB 35019
>Board of Management: Tim Schumacher • Ulrich Priesner • Marius Würzner
>
>tel +49 221.34030.179 • fax +49 221.34030.109
>http://www.sedo.com • mailto:[email protected]

 

[IAmAllanShore]

I won't rub salt in it, but you do realize there is a difference between a Sedo rep telling you that a buyer could, in theory, sue you for breach of contract and your saying that Sedo sued a buyer for backing out - or at least you should realize that.

OP - sorry, but my .02 from my original post still stands - try contacting the seller if you want, but that looks like your best and only option from what you've described.

-Allan :gl:

 

[jberryhill]

Sedo is making way too much money to care whether your insignificant transactions conducted through Sedo actually result in what you expect.

 

[kellyandbryan]

Sedo is making way too much money to care whether your insignificant transactions conducted through Sedo actually result in what you expect.

unfortunately that is the case with all of corporate america. they dont care as long as they keep making money. its really sad that when a company gets big, they forget how they got there and only see $$$$

 

[Domagon]

For all practical purposes, Sedo is an advertising venue only.

So basically both the seller (or more aptly the "advertiser") and/or the buyer can easily backout with no reprecussions from Sedo beyond some threatening emails; account suspension/termination at most.

Sedo is losing a lot of potential business - not just from parties who backout, but from parties who meet via Sedo and then conduct the actual sale outside of Sedo to save the commission.

The only realistic way Sedo and others like them can enforce sales is to require written, detailed contracts from both parties along with a deposit from the buyer; conduct domain sales more like how sales are conducted in real estate.

As of now, to reiterate, Sedo, Afternic, Ebay, etc are basically advertising venues only with little to no protections for neither buyer nor seller.

Ron