Dynadot — .com Transfer

Trying to complete a high $x,xxx .in-.co.in package sale.

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slaughterbeck

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I’m in the process of possibly completing the sale of package .in-.co.in domains. The “Interested Party” I have discovered was a frontage for a large corporation (let’s just say this corporation likes to place a “G” in front of all their domain names and products), they tried to lowball me at first with an offer of $1,000 for both. After waiting a few days I responded with “I may be willing to sell if the offer were actually serious” and they came back with “thanks for being honest, how much will it take to for us to acquire these domains?” So now I knew I could set my price but I didn’t get too greedy, I told them I would sell for high $x,xxx and was very firm on this price. They agreed just 50 minutes after my email and suggested we use Escrow.com and they would take care of any costs, of course!

After I agreed at Escrow.com they sent me another email telling me thanks for agreeing and how important it was to bring our agreement to fruition as soon as possible,
as an obscure footnote they mentioned that this email included an attachment, it was a contract “Just a formality” they wrote “just to protect both parties” they stated. Now here’s my problem.

What follows is an excerpt of this contract, the part I have trouble with:

Best Efforts; Further Assurances. Each party shall use its best efforts to take, or cause to be taken, all action, and to do, or cause to be done, all things reasonably necessary, proper or advisable under applicable laws and regulations to consummate and make effective the transactions contemplated by this Agreement. Seller further agrees to cooperate as necessary and sign all necessary documents to carry out the purpose of this Agreement and to vest in Buyer all right, title and interest in and to the Domain Name and the related Intellectual Property Rights, free and clear of any Liens. Seller agrees not to use the term G---------.CO.IN/G---------.IN (or confusingly similar variations thereof) as a domain name, trademark, service mark, trade name, or other designation of source after the effective date of this Agreement.
The contract states that I can never use this G--------- name “or confusingly similar variations” in any other domain again.

My problem is that I own 11 other variations of this domain and I had expected that these might become very valuable in the near future.

I want to continue with our transaction but not if it requires me to sign under the current conditions.

I suppose I have two options here. One: I tell them this price is far too low because I also own other domains that would be rendered useless if I did sign. Two: I play dumb (pretty easy for me) and tell them I’m satisfied with the Escrow.com agreement and I don’t have interest in obtaining an attorney to examine this contract.

Any advice regarding what I possibly ought to do would be much appreciated. Thanks in advance.


Kimberly.
 
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Kim,
Without knowing the other domains, I can't and won't comment on what you should do in regards to the terms above.

Gut reaction is that this individual has been polite thus far, so it might be easiest to continue discussions without going overly formal.

And as horrible as this may be, you seem to (correctly) know that lack of counsel is something of a defense should you need it...

In any event, congrats on working it out this far, and keep us posted.

-Allan
(Who officially advises consulting with an attorney)
 
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Hi Kimberly

If, as stated its a corporation that likes to place a “G” in front of all their domain names and products I would let them know that you have a number of domains they might be interested in and ask if they would like to make an offer on them all, - if not - I think I would bump the price up a bit, agree to their terms and let the other names drop. JMO

Good luck with a happy sale :)
 
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You can ask them just change that part of the contract. Your actual sales of that G name are legitimate so why would it be linked to other G name you might own.
 
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how about to tell them, that you have 11 more related domains previosly registered and you cannot sign under this contract as is,.... unless they will not buy all of them?
 
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gugush said:
how about to tell them, that you have 11 more related domains previosly registered and you cannot sign under this contract as is,.... unless they will not buy all of them?
I agree. I would not "play dumb" with an organization that powerfull. The best tactic is upfront, on the table negotiation. Offer the additional domains at an increased purchase price, or ask for the portion of the contract be re-written. Best of luck.
 
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Right you cannot play dumb and I believe if it is G then they will require it, I would state you own others and state your a business you will need to up your price if you have to sign off on not using the other ones.
 
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Maybe they even wrote that point in the contract knowing you have some more like that.
 
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I agree with the other posters.

Why don't you ask them to modify the contract?

Otherwise, ask them to buy all as I am sure they might be interested.
 
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the contract is a reasonable one. send a message agreeing to work with them on this, list the other domains which you are happy to put into the package and ask them to consider an adjustment to their offer. be friendly and professional.
 
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yoshiwara said:
the contract is a reasonable one. send a message agreeing to work with them on this, list the other domains which you are happy to put into the package and ask them to consider an adjustment to their offer. be friendly and professional.
Admittedly it is reasonable for them, but try to work something out to modify the contract.
 
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We just completed the transaction for low $xx,xxx. Thanks to everyone for all your help.

God bless.

- Kimberly
 
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Wow!

Wow!!!!! That is awesome!!! Good for all of us co.in and .in holders!!!! Can you share any details on the names, etc?

Great news, and congrats to you!!
 
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I had to sign a nondisclosure agreement but this should be wonderful news for everyone who has a vested interest in the Indian domain name space.
 
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Congratulations Kimberly good luck with the proceeds from this impressive sale.
 
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EXCELLENT - Well done :sold: :)
 
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gazzip said:
EXCELLENT - Well done :sold: :)
I’m not sure that I’m such a terrific negotiator but my family is very proud of me and that’s really the reason I’m so proud of this transaction.
 
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slaughterbeck said:
I’m not sure that I’m such a terrific negotiator but my family is very proud of me and that’s really the reason I’m so proud of this transaction.

You should be VERY PROUD of it - I am sure there's alot of people out their trying very hard to get a $xx,xxx sale - Congrats ! :)
 
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congratulations on the sale !! always great to hear non .com sales in the 5 figures :)
 
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Nice Going Kimberly :)
 
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