SEDO Seller cancelled negotiations

[sveer]

I was the winning bidder on a domain i wanted for a client, but when i logged into pay i saw this message. I waited the 5 days the domain was at auction after placing my bid and there were no other bidders.

"Seller cancelled negotiations"

Does the seller have the right to do this? need you thoughts while i wait for a response from sedo

 

[Jawed]

Apparently the seller doesn't have a right to cancel the negotiations once he decided to take the name to the auction. Have you heard anything from Sedo?

 

[Spade]

You made an offer or a bid?

Did you make an offer and the domain was sent to Auction? or Did the seller simply never respond to your offer?

 

[mntor]

Once the seller has started the auction with your bid he/she cannot cancel the auction. But i am not sure if thats the case.

 

[tech4]

Technically they can cancel, nothing has been exchanged. If you send the money and they sent the domain and then later they want it back, its not possible, but nothing was exchanged, no deal has been completed in this case.

 

[mntor]

Technically they can cancel, nothing has been exchanged. If you send the money and they sent the domain and then later they want it back, its not possible, but nothing was exchanged, no deal has been completed in this case.

Not sure if i get you right. But my understanding of sedo is as follows. Once you make an offer to a name and the seller decides to accept your offer to sell the name then the seller has to accept a sedo agreement while taking your offer. As per this agreement, incase the seller decides to back out, sedo assures to deliver you all the documents with which you can go ahead to file a case against the seller though in practice not many will pursue this route.

 

[RazorNF]

This seems to happen alot at Sedo. I've been on both sides where the buyer or seller backs out after the auction has ended. After a couple weeks of inaction from the other party, Sedo will send you an email telling you they canceled the transaction, and to login to your control panel, where they reveal to you the other person's name & address should you wish to pursue legal action.

 

[Archangel]

If you make an offer and the domain is pushed to auction, I believe the offer would be binding since if you made a bid (after an auction began), the bid would be binding. So I'm pretty sure that's the case here.

Technically they can cancel, nothing has been exchanged. If you send the money and they sent the domain and then later they want it back, its not possible, but nothing was exchanged, no deal has been completed in this case.

 

[tech4]

It does not matter what Sedo's clause is. There has been no transactions, no deal, no exchange in any form, you cannot get remedy from (nothing). Yes you cannot sue for criminal act because there was no criminal act. In civil court, you can sue for breach of contract, but there was not any exchange whatsover.

Breach what? nothing took place. He agreed to put name for auction and for sale up, but that does not mean he have to sell it. No transactions too place.

If there was a transfer of money and transfer of domain name, then there is a legal responsiblity to follow through. In this case, nothing was exchanged, you cannot follow through from something which never happens.

 

[Archangel]

This kind of thinking could see you in prison in the near future.

You CAN sue, of course! I absolutely HATE it when ppl say, "Oh, nothing happened and there's nothing you can do. Everything was lawful so go home and pout." It was a BINDING CONTRACT and he CAN seek litigation.

BUT unless this domain is a category-killer, it'd be a very Pyrrhic victory in courts since it'd cost a $hitload in court fees. It's not worth it.

It does not matter what Sedo's clause is. There has been no transactions, no deal, no exchange in any form, you cannot get remedy from (nothing). Yes you cannot sue for criminal act because there was no criminal act. In civil court, you can sue for breach of contract, but there was not any exchange whatsover.

Breach what? nothing took place. He agreed to put name for auction and for sale up, but that does not mean he have to sell it. No transactions too place.

If there was a transfer of money and transfer of domain name, then there is a legal responsiblity to follow through. In this case, nothing was exchanged, you cannot follow through from something which never happens.

---------- Post added at 12:03 AM ---------- Previous post was at 12:02 AM ----------

To add: SEDO never really honors its contract though, hence at why so many ppl hate them.