Sedo "buy now" Seller refusing to transfer domain.

[main]

I recently bought a BUY NOW name through Sedo with all the funds cleared about two weeks ago. If the Seller decides to not honor the deal, what are my options? I don't want my money back, I want the domain. Has anyone successfully sued to make the Seller transfer the domain. If so, how much does it cost? What steps do I need to take?

 

[carob]

Sedo wash their hands of this - you would have to take action against the seller.

If seller does not complete, Sedo still charges them a commission as I recall - check their current rules - so that implies they can force money out of people, or at least they are willing to try for themselves.

If a seller thinks they can get a higher price that would cover the penalty commission they pay Sedo for refusing to complete a sale, they might do it for that reason.

I bought a domain at an attractive fixed price on Sedo and then was told the seller no longer owned the domain, when all the evidence I could find showed they still owned it - it made me wonder if Sedo were happy to quietly make the sale fail in the hope of getting more commission when the domain sold for more later.

 

[DnEbook]

I think you can request the buyers details in this situation

 

[wot]

Sedo are hopeless in this situation.

If seller does not proceed with the transfer he will probably be banned so will not be able to do it again.

As mentioned, Sedo will usually provide the sellers details but would be a pointless exercise to take legal action.

Minor satisfaction will be to post sellers details on name and shame threads of the various forums and then email the links to seller. Anybody searching their details in future will soon see they are untrustworthy.

 

[domainscp]

Main,

Sorry to hear what happened, I just had this same crap happen at godaddy, paid for the name and then was told that the seller no longer has it. While I am not happy there isnt really to much that can be done.

 

[Name Trader]

I got threatened with expulsion from GoDaddy Auctions for having a domain listed that I no longer owned. In no uncertain terms. It hadn't even been sold. Perhaps you should complain to GoDaddy about it and ask them what they are doing about it?

 

[main]

Thanks for the replies everyone. I will push Sedo for some kind of action after the weekend. Sedo hasn't even replied to my last two messages. Keep you posted.

 

[carob]

For info this is the relevant part of the Sedo user agreement

http://www.sedo.co.uk/us/about-us/policies/your-sedo-user-agreement/

5.2.4. Penalties for Failing to Perform Obligations

Sedo reserves the right to cancel the escrow and transfer of domain ownership if one of the parties to the purchase and sale agreement fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by Sedo via the email addresses provided in his/her user account ("Failed Transfer").

In the case of a Failed Transfer, Sedo reserves the right to collect any applicable commission fee from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. The Buyer and Seller agree that the injured party is entitled attorney’s fees from the other should legal action be necessary to enforce rights pursuant to the purchase and sale agreement.

 

[Mobiller]

Sedo does not care, it happened with me before and they let the seller relist the domain and did not take any action. Feel sorry for you.

 

[dna]

Sedo used to list some of my domain names for sale with a price.
They were never for sale, I just had them parked there.
And I never put a price on them.

 

[HcDomains]

This happened for me 4 or 5 time already and I can actually do nothing for it.

Don't understand why Sedo doesn't keep some deposit for Seller's account. This can at least pay some compensation to the buyer in this kind of situation

 

[SearchEngineZ]

I've been the culprit once before - I had sold the domain elsewhere and neglected to de-list it at Sedo. I wasn't punished (but I do have a good history with them otherwise).

Several times I have been tempted to renege, when the BIN price was too low in retrospect. So I can see how it might happen.

Legally, I don't think you can force someone to sell to you, just because it was listed/advertised somewhere. People are allowed to change their minds before the transaction is completed. You could only sue if you had a contract directly with the seller to supply the domain, and you could prove losses you have sustained due to the non-supply.

 

[HeyNow]

You should be asking Sedo, not us. You trusted that venue, first mistake IMHO.

 

[forge]

You should be asking Sedo, not us. You trusted that venue, first mistake IMHO.

Same could be said for about 50% of posts on this forum, IMO. Which may be the reason for having a forum in the first place.

Furthermore, getting straight answers from Sedo is not generally an easy task.

 

[Ms Domainer]

I've been the culprit once before - I had sold the domain elsewhere and neglected to de-list it at Sedo. I wasn't punished (but I do have a good history with them otherwise).

Several times I have been tempted to renege, when the BIN price was too low in retrospect. So I can see how it might happen.

Legally, I don't think you can force someone to sell to you, just because it was listed/advertised somewhere. People are allowed to change their minds before the transaction is completed. You could only sue if you had a contract directly with the seller to supply the domain, and you could prove losses you have sustained due to the non-supply.

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Actually, once you agree to a transaction on the Sedo site, you are required to tick off a box agreeing that your acceptance of terms constitutes a contract, which is legally binding.

Sedo and the seller or buyer could pursue legal action, but, often, it just isn't worth it. The seller (or buyer, as the case may be) can ask Sedo for personal information about the offending party, and Sedo will sometimes hand it over. There are some shaming sites around, which could ruin a reputation fast.

I no longer do BIN domains -- that way, if I forget to de-list a name, then I can just reject the offer and then delete the name. It's trickier with BINs.

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[HeyNow]

That's why I'm baffled as to why anyone here would continue to give them business (letting them make money off of your property) with no true responsibility to do anything with measurable accountability. Sedo's having the biggest laugh not having to care if you're happy with them or not, knowing you'll be back anyway to let them make more money off of your property. When will domainers wake up?

 

[main]

So my story has a happy ending. The Seller finally decided to transfer the domain. All is well that ends well. I would have seriously considered legal action on this one. Thanks everyone and thanks carob for linking the specific part of that Sedo agreement.

 

[Ms Domainer]

That's why I'm baffled as to why anyone here would continue to give them business (letting them make money off of your property) with no true responsibility to do anything with measurable accountability. Sedo's having the biggest laugh not having to care if you're happy with them or not, knowing you'll be back anyway to let them make more money off of your property. When will domainers wake up?

*

Yeah, I hear you.

I have moved most of my domains to Go Daddy auctions, where the commission is 10%, and for domains registered at Go Daddy, they do all the work.



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[gemstar]

Good news!