Dominion.Domains

Registrant legal responsibility under domain lease

Labeled as discuss in Legal Discussion started by garptrader, Aug 9, 2018 at 8:52 PM.

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  1. garptrader

    garptrader Top Member VIP ★★★★★★★★★★

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    I recently received a low $xXxX offer from an end user for an aged two-word Spanish .Com domain. I am looking to sell mid- four figures as the English equivalent would easily be five figures (dozens of Namebio five-figure sales with primary keyword) and maybe low six figures. The thought occurred to me of offering a monthly lease arrangement as I would eventually like to be less dependent on random sales. If I were leasing a couple dozen domains simultaneously I could cover all my renewals and not ever have to sell domains. Perhaps a dream. :)

    Regardless, the thought occurred to me that the nature of this buyer's business would require adherence to know your customer and anti-money laundering laws. They are located outside the US. However, if am leasing the domain the registrant contact info would still be in my name. If the buyer were ever to be found in violation of such laws, would there be any liability on my part? So I am not yet ready to extend that offer .
     
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  2. 1Darko

    1Darko Active Member VIP

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    I'm not a legal expert but I would guess that you will never be able to avoid legal liability for breaking any law if you're the owner of a domain which is used to break the law, imo.

    Maybe you should move this thread under legal discussion to get some feedback from namepros lawyers:
    https://www.namepros.com/forums/legal-discussion.229/
     
    Last edited: Aug 9, 2018 at 9:16 PM
  3. TestCase

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

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    This is why you want to have a detailed lease agreement spelling out as much as possible in order to CYA.

    Be mindful that having such a thorough agreement drawn up by a competent attorney could cost you a pretty penny so you need to factor that in when figuring out how much the lease will be, the length of the lease term, the amount of the required upfront/initial/down payment, etc.

    Also factor in the possibility of additional time spent with your attorney in the back and forth negotiation on the terms of the lease.
     

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