Warning against a member...

[Coral Cove]

I strongly urge any of you going into business with Dejan Lesicar (NamePros member @venturefile.com and owner of sites like sexydress.us) to be very cautious. He is about to cost our company Brandroot a lot of stress and money as we pursue serious legal action against him.

In short the details are as follows:

4/08/2014 - Dejan creates a Brandroot account
5/09/2014 - Wuvo.com is accepted and listed for sale at a price of $6750
09/29/2014 - Dejan requests that Wuvo.com be removed from Brandroot because "The name was accepted to an auction event."
10/14/2014 - Brandroot receives a $3,000 offer for wuvo.com
10/14/2104 - Dejan rejects and reminds us that he removed his name

We then remind him of his contractual obligation of keeping Wuvo exclusive to Brandroot for a period of 30 days following the request of removal.

10/15/2014 - In the interested buyer impatience he raises his offer to $4500.

Dejan is intrigued and writes, "Thank you for the update. That is a decent offer and I will seriously consider it." For several days Dejan is unresponsive, ignoring several of our emails.

10/22/2014 - In a matter of minutes of informing Dejan that he is no longer welcome to sell at Brandroot and that Wuvo.com will be removed, Wuvo.com sells at full price for $6750.

10/22/214 - Dejan decides that he does not want to sell Wuvo at Brandroot and that my email stating that his name was removed ended his contractual obligation with Brandroot (which the email in no way stated).

Our financial loss due to Dejan's unprofessionalism is not the concern. Brandroot is now left with one very unhappy customer threatening us with litigation. We have informed Dejan that we will stop at nothing, "making this venture of [his] a lot more expensive and stressful than [he] thought possible."

You've been warned. Dejan Lesicar is very capable of leaving you in one sticky situation if you enter into business with him.

 

[venturefile.com]

This part is not true:

10/22/2014 - In a matter of minutes of informing Dejan that he is no longer welcome to sell at Brandroot and that Wuvo.com will be removed, Wuvo.com sells at full price for $6750.

I received the email from Michael of the removal at 11:41 and the next email came at 15:21 almost 4 hours later. So it wasn't minutes..

Also, Michael stated that it was removed, not that it will be removed (a big difference). Here are his exact words: "The buyer has purchased another name. And Wuvo has been removed. You are not welcome back at Brandroot." If it was removed how can someone bid on it?

Btw, Michael also notified me that "You've got another think coming. " (his exact words) and that he also purchased my name .com. And also in his words: "Trust me, I am going to make this venture of yours a lot more expensive and stressful than you thought possible."

That is all that I will post in this thread. My Itrader is clean and I did many deals with many people on this forum and I don't plan on doing anything differently in the future.

 

[Coral Cove]

This part is not true:

I received the email from Michael of the removal at 11:41 and the next email came at 15:21 almost 4 hours later. So it wasn't minutes..

Also, Michael stated that it was removed, not that it will be removed (a big difference). Here are his exact words: "The buyer has purchased another name. And Wuvo has been removed. You are not welcome back at Brandroot." If it was removed how can someone bid on it?

Btw, Michael also notified me that "You've got another think coming. " (his exact words) and that he also purchased my name .com. And also in his words: "Trust me, I am going to make this venture of yours a lot more expensive and stressful than you thought possible."

That is all that I will post in this thread. My Itrader is clean and I did many deals with many people on this forum and I don't plan on doing anything differently in the future.

Exactly, the name hadn't been removed yet so it was purchased. My message to you could have been 24 hours later, that says nothing about when the domain actually sold. Furthermore, even if the name was removed and then sold, this in no way would absolve your contract with us as "your lawyer" advised you. However, I do highly suggest that you get yourself a lawyer. As I mentioned in my post above and you reiterated for me (thank you): "Trust me, I am going to make this venture of yours a lot more expensive and stressful than you thought possible."

Oh, and yes, you do have another think coming if you think you're getting away with this. No hiding that.

 

[hookbox]

10/22/2014 - In a matter of minutes of informing Dejan that he is no longer welcome to sell at Brandroot and that Wuvo.com will be removed, Wuvo.com sells at full price for $6750.

Not sure how there can be any legal action when you cancelled his account and removed the name. Once that happens there is zero recourse and he is free to do what he wants with the name.

 

[discobull]

I agree with hookbox. I think that if you wanted to argue that he was still contractually bound to you for 30 days, that it would have been wiser to terminate his account after the 30 days were up. By terminating it before your agreement expired, it seems to me that you've voided your own terms and are now put in a position of having to complain to a judge that your customer refused to do business with you after you told him that he was no longer welcome to do business with you.

 

[carob]

Currently Brandroot is showcasing wuvo.com as a recent sale
http://brandroot.com/names/sold/wuvo

Are the TOS visible on the site? I didn't find them.

 

[mis_chiff]

Are the TOS visible on the site? I didn't find them.

http://brandroot.com/terms-of-use

 

[carob]

http://brandroot.com/terms-of-use

OK I meant TOS for sellers, that seems to be a general site visitors page.

 

[mis_chiff]

OK I meant TOS for sellers, that seems to be a general site visitors page.

ooops, sorry - was on the other one lol
http://help.brandroot.com/entries/38866016-Brandroot-Sellers-Agreement

 

[carob]

ooops, sorry - was on the other one lol
http://help.brandroot.com/entries/38866016-Brandroot-Sellers-Agreement

OK thanks it says this

. If you would like to remove a name from the marketplace, you may do so. Requests to have a domain name removed will be honored within 30 days of notice.

That says within 30 days, not after 30 days.

OP said

We then remind him of his contractual obligation of keeping Wuvo exclusive to Brandroot for a period of 30 days following the request of removal.

Not sure what this has to do with NP.

 

[discobull]

OK thanks it says this



That says within 30 days, not after 30 days.

It also says this:

"All sales made outside of Brandroot.com after requesting a listing to be removed will be responsible for a commission in the amount of 30 percent of the listed sale price. "


Yikes. The way it's phrased, it's open ended -- as in FOREVER. I think the language could use some tightening up.

 

[carob]

And TOS says this

If a domain name expires, the seller must request to have it removed from Brandroot

And wait 30 days to have it removed?

In the TOS Brandroot does refer to cases where there will be immediate termination (by them) - it does not mention a notice period or appeal procedure.

 

[discobull]

Strictly speaking, the TOS does NOT say that the seller has an obligation to give brandroot exclusivity for 30 days after requesting a listing cancellation. It just says that brandroot will remove the listing within 30 days. That doesn't imply any obligation on the part of the seller.

 

[biggie]

this could bring negative publicity.

threatening to take actions like that, is a valid reason not to use such services.

best to let it go and move on, rather than trying to destroy a members credibility because they don't want to sell thru your website.

imo...

 

[Poldermaffia]

I strongly urge any of you going into business with Dejan Lesicar (NamePros member @venturefile.com and owner of sites like sexydress.us) to be very cautious. He is about to cost our company Brandroot a lot of stress and money as we pursue serious legal action against him.

In short the details are as follows:

4/08/2014 - Dejan creates a Brandroot account
5/09/2014 - Wuvo.com is accepted and listed for sale at a price of $6750
09/29/2014 - Dejan requests that Wuvo.com be removed from Brandroot because "The name was accepted to an auction event."
10/14/2014 - Brandroot receives a $3,000 offer for wuvo.com
10/14/2104 - Dejan rejects and reminds us that he removed his name

We then remind him of his contractual obligation of keeping Wuvo exclusive to Brandroot for a period of 30 days following the request of removal.

10/15/2014 - In the interested buyer impatience he raises his offer to $4500.

Dejan is intrigued and writes, "Thank you for the update. That is a decent offer and I will seriously consider it." For several days Dejan is unresponsive, ignoring several of our emails.

10/22/2014 - In a matter of minutes of informing Dejan that he is no longer welcome to sell at Brandroot and that Wuvo.com will be removed, Wuvo.com sells at full price for $6750.

10/22/214 - Dejan decides that he does not want to sell Wuvo at Brandroot and that my email stating that his name was removed ended his contractual obligation with Brandroot (which the email in no way stated).

Our financial loss due to Dejan's unprofessionalism is not the concern. Brandroot is now left with one very unhappy customer threatening us with litigation. We have informed Dejan that we will stop at nothing, "making this venture of [his] a lot more expensive and stressful than [he] thought possible."

You've been warned. Dejan Lesicar is very capable of leaving you in one sticky situation if you enter into business with him.

Not really professional for a business! zzz

 

[JudgeMind]

Drop the litigation and move on..IMO

 

[mad409]

Calling out someone in public isn't a good thing to do, if he's correct in his decision your posts can work against you.

I would take it private or let it go as Judgemind suggested.

 

[RWD]

10/22/2014 - In a matter of minutes of informing Dejan that he is no longer welcome to sell at Brandroot and that Wuvo.com will be removed, Wuvo.com sells at full price for $6750.

Not sure how there can be any legal action when you cancelled his account and removed the name. Once that happens there is zero recourse and he is free to do what he wants with the name.

Hookbox is 100% percent correct!

IMHO - I'm not an attorney but I did stay at a holiday inn express last night...lol

The exact wording in the termination email will dictate your legal recourse. If indeed this is correct;

Also, Michael stated that it was removed, not that it will be removed (a big difference).

The whole case depends on what phrase was used, "was removed" or "will be removed".

If "will be removed" was used Brandroot has won. As prior agreement terms will trump.

However,

If "was removed" was used Brandroot will lose. As prior agreement would be void. At the time of that email.

Lesson here ; Have your emails reviewed by your attorneys before hitting send.

 

[timestamp]

I will bet on my "soon to expire brandable" that Michael Rader will not start a lawsuit.

 

[TravisS]

Guess that's what you get when you bring something like this to a public forum lol. Why this conversation didn't happen in private is beyond me...probably would have saved you some face.

 

[Coral Cove]

"All sales made outside of Brandroot.com after requesting a listing to be removed will be responsible for a commission in the amount of 30 percent of the listed sale price. "

And regardless that I said the name was removed I am almost certain Dejan sold the name when he first requested it to be removed. He probably found his buyer through a contact who found his name at our platform.

If this post scares anyone from listing at Brandroot, GOOD! I strongly suggest you do not list at Brandroot if it does. As I told Dejan, we do not want people like him at our marketplace. In fact we are working to close the marketplace to new accounts and will require new users to request an account invite, whereby they will verify their identity in some way and prove they have good domains to list.

 

[Name Trader]

I think it is always a mistake to air your dirty linen in public. I wouldn't have posted this threat from the outset.

Anyhow, I thought Brandroot used to allow you to sell your domain outside of Brandroot? So they are now like BrandBucket, exclusive?

 

[carob]

"All sales made outside of Brandroot.com after requesting a listing to be removed will be responsible for a commission in the amount of 30 percent of the listed sale price. "

Um are you quoting your own TOS there?

So every time a domain changes hands that was once listed on Brandroot you collect 30%? No matter how many times it changes hands? Forever?

 

[RogueWriter]

Regardless of the propriety of discussing this in a public forum, it does kind of look like the domain owner was pushing the domain on multiple platforms simultaneously, which can cause undue issues, as demonstrated by this thread.

Good luck to both sides in resolving the issue amicably.

 

[discobull]

So every time a domain changes hands that was once listed on Brandroot you collect 30%?

No. That only happens if you've requested that the domain listing be removed from brandroot. If you don't make that request and then sell your domain outside of brandroot, your only penalty is that your account might be terminated.

Sorry Michael, but your TOS needs some work.