Sedo / counter-offered by mistake!

[vitalir]

Heck it, just accidentally sent a counter-offer to a buyer and the buyer accepted the offer on Sedo! Where I actually meant to enter reserve price and send it to an auction! Blame on me - such a stupid mistake. It is for one of my best names - a 5-letter popular dictionary word .eu Does anyone know what am I to face in case I decide to not sell the domain? Is Sedo going to take a legal action?

 

[maxeaus]

I don't actually understand your scenario, either the domain is in auction or you sold the domain? OR am i just stupid (highly likely!).

 

[vitalir]

Sorry: domain was sold (buyer accepted the counter-offer I made). But somehow I was confident I would be able to send the domain to an auction irrespectively of buyer accepting or rejecting the counter-offer. Shame on me. Never sold anything on sedo, that was my first time.

 

[RazorNF]

Yeah, you can't send to auction if you present a counter offer. If you choose to send to auction, it start's on the buyer's offer price.

 

[maxeaus]

OK, i see how things are, you have to honour the counter offer deal, you cannot bake your cake, eat it too and then put in a free order for more cake!

This is not SnapNames, it's Sedo!!!

 

[Kate]

But somehow I was confident I would be able to send the domain to an auction irrespectively of buyer accepting or rejecting the counter-offer.

It's the other way round, you can start an auction upon receiving an offer, which then becomes the reverse price for the auction. So yes, you must sell (if the bidder does not default).

 

[Archangel]

SEDO auctions are usually terrible. Don't feel bad that you didn't send the domain to auction: Chances are, it wouldn't have had another bid unless you had an exceptionally good domain.

 

[vitalir]

Thanks, this is encouraging...

SEDO auctions are usually terrible. Don't feel bad that you didn't send the domain to auction: Chances are, it wouldn't have had another bid unless you had an exceptionally good domain.

 

[vitalir]

Can anyone advise what am I facing in case I decided to not sell the domain? Just want to know my options.

By the way, I immediately realized my mistake and called Sedo Germany within 30 seconds of pressing the button, but they rejected to cooperate whatsoever.

 

[Archangel]

I sent you a PM, reply to yours, but I didn't get to this question. SEDO doesn't seem to enforce much of anything (at least not in the US). There are chances that they might get mad & close you account but that's probably it.

Your domain is good but not exceptional. I'd be happy with the selling price and move on but it's up to you.

Can anyone advise what am I facing in case I decided to not sell the domain? Just want to know my options.

By the way, I immediately realized my mistake and called Sedo Germany within 30 seconds of pressing the button, but they rejected to cooperate whatsoever.

 

[Coopey]

Can anyone advise what am I facing in case I decided to not sell the domain? Just want to know my options.

Technically, you're breaking the law (in the EU, and as I understand it most other countries too) if you decide not to sell now that you've accepted an offer.
Don't pull out after you've agreed something, whether you meant to or not. Suck it up and sell the name. The industry doesn't need another person backing out of sales.

 

[Archangel]

It is breach of contract but there would be 2 parties after his ass: SEDO and the buyer. The buyer wouldn't pay to take him to court over this domain and SEDO's cut is too small for them to sic a lawyer after him. Chances are, they'd just close his account.

It'll be annoying as hell wondering if this domain might've been your lucky boat coming in to port, but yes, as others have indicated, it's technically breach of contract.

The seriousness of the consequences would depend on how badly, and what means the buyer had at their disposal to get all legal on yo @$$ Wouldn't hurt much to email Sedo about the scenario, but they certainly won't be pleased to lose their cut of the cake, which I'm afraid is going to be a huge share of it, if my guess you listed it for a low amount offer is correct. You can thank their new 'improved' fee structure for that _\|/_

However if the buyer's username is 'Halvarez', you wont have to worry about him at least - that person will not be in the mood for court proceedings, I can absolutely cast-iron-moneyback-guarantee it :ghost:

 

[Domagon]

In my view, and from my experience...

* Sedo is a listing service; a venue for selling domains. Sedo does not enforce sales.

* Sedo will do nothing beyond, maybe, suspend your account, though even that's unlikely.

* Buyer could sue, but likely won't get anywhere ...

You indicate accidently making a typo when entering your counter-offer, and furthermore, you immediately contacted Sedo explaining your mistake. Thus there's no "meeting of the minds" regarding the price and conditions of sale, and hence, there's no sales agreement yet.

With that said, a determined buyer could, especially depending on jurisdiction, might prevail. As with anything in business, there's always risk. A question to ask yourself ... is the risk of selling it right now, perhaps for too cheap, greater than the risk of not selling? Ie. if the buyer is offering $1,000 and you truly believe it's worth $10,000, then from a risk standpoint, it may be better to keep the domain.

Finally, if you truly feel you made a mistake, and I tend to believe you did, then try to contact the buyer directly and sincerely explain your situation - the buyer may still be upset, but often many, in a similar situation, will be understanding and move on; maybe even raise their offer.

Hope this helps.

Ron

 

[Archangel]

You are mistaken: It is a BINDING CONTRACT the MOMENT you accept the sale. Otherwise, yes, there IS an agreement. Have you ever read the confirmation page during a sale?

But you are right that they do not enforce sales there. I know this by a lotta experience.

You indicate accidently making a typo when entering your counter-offer, and furthermore, you immediately contacted Sedo explaining your mistake. Thus there's no "meeting of the minds" regarding the price and conditions of sale, and hence, there's no sales agreement yet.

 

[vitalir]

Thanks, things would be so much simpler if I could contact the buyer. But Sedo does not want this to happen under any circumstances. All I know buyer is german-speaking and based in Switzerland. I contacted Sedo on the phone and wrote a number of messages to 'my transfer agent' asking to communicate the situation to the buyer on my behalf. But they are not willing to cooperate at all.

In my view, and from my experience...
...
Ron

 

[pixelbypixel]

Transfer agents rarely even read the messages you send. I have never got a reply myself from a transfer agent.

I've been in a situation where someone accepted a counter-offer for a sale, sent sedo the money, and then decided 'I can't find a registrar I like which allows the ccTLD'. So he pulled out and Sedo sent him his money back in an instant. Without any apology or contact with me

Sedo just provide a service, if you want more than that you'll be lucky :D

 

[Ms Domainer]

*

In any business, your reputation, good or bad, is everything (as a certain auction house is discovering).

My advice: suck it up and learn from it, especially if you want to stay in this business.

Whether or not you intended to accept the buyer's offer, he or she believes that you did, and, technically, you did accept the offer.


*

 

[siga]

My Vote is: Suck it up go with your agreement. Then save the funds to invest in a better domain when you see one suitable come along.

You mentioned that this was your reserve price? If so not all is lost. Your making the minimum you hoped to make and doing so on a clear mind.

Also I agree with archangel I see quite a few domains at auction on sedo which have only 1 bid for a week.

I did this a while back on a different bidding platform regarding a specific tld. While I would have preffered not to sell I put it through. I'm glad I did as that sale allowed me to purchase other domains which in turn have been flipped.


Basically learn from this, and use the funds to invest in a better name. If you look there are good names at good prices out there.

Best of Luck with your decision.

 

[Domagon]

You are mistaken: It is a BINDING CONTRACT the MOMENT you accept the sale. Otherwise, yes, there IS an agreement. Have you ever read the confirmation page during a sale?

In regards to the OPs situation, does a valid sales agreement contract even yet exist? ... and, even if it does, is it enforceable? The answers to these questions are not as clear-cut as they may first seem; few things in law are.

Ron

 

[Archangel]

*sigh* Did you even read the post you quoted? An agreement is established as soon as the selling price is agreed upon and the seller chooses to sell & the seller clicks the appropriate button on the page. So yes, an agreement already exists. Ugh...

But is it enforceable? Read my earlier posts: It CAN be enforced but 1.) the buyer wouldn't take the seller to court over this domain and 2.) SEDO's 10% cut is too small with this sale to enforce anything.

Please read before you post

In regards to the OPs situation, does a valid sales agreement contract even yet exist? ... and, even if it does, is it enforceable? The answers to these questions are not as clear-cut as they may first seem; few things in law are.

Ron