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What are the "ETHICS" of Domain buying/selling?

Labeled as discuss in General Domain Discussion, started by 168, Mar 31, 2017

Replies:
6
Views:
750

?

should disclosure include and is the buyer or seller or both equally responsibility if disputed?

  1. The history of the domain? Year created, drops, previous sales?

    1 vote
    25.0%
  2. Disclaimer, " This is a contract for use" not ownership?

    0 votes
    0.0%
  3. Renewal fees ? Disclaimer, "Yearly fees subject to change"

    1 vote
    25.0%
  4. Trademark conflicts?

    1 vote
    25.0%
  5. Fail list issues with search engines?

    0 votes
    0.0%
  6. Buyer

    2 votes
    50.0%
  7. Seller

    1 vote
    25.0%
  8. Both Buyer and Seller

    1 vote
    25.0%
Multiple votes are allowed.
Total: 7 vote(s)
  1. 168

    168 Top Contributor VIP

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    Who has the responsibility of "disclosure" that may effect the value of a Domain and to what extent should the "disclosure" entail ?
     
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  2. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    As a seller:
    • I will actively disclose pricing if it's non-standard (but I never buy premium-priced domains)
    • I will make sure the buyer will not run into predictable compliance problems. For example, I once sold a .ca to a Dutch end user. Since .ca has restrictions, I first cleared this up with him. Some ccTLDs like .fr are also restricted. .us too.
    • I will disclose if there have been TM claims in the past, legal threats, UDRPs won etc (hasn't happened yet)
    • I once bought a typo (not TM) by accident. So I put it on Sedo while waiting for it to expire (in case there is some traffic). Somebody bought it for $120. I disclosed to the bidder the fact they were bidding on a typo, giving them a chance to back out.
    • I don't talk about history. Buyers usually aren't interested about the past, they want to start something new but the domain has to be free of negative 'baggage'. I have done my homework prior to buying the domain.
    As for the rest, my usual disclaimer is that the domain is being sold in good faith, and the buyer has to do due diligence. My philosophy is that the buyer has to do research but has the right to ask questions. If the seller is aware of anything bad about the domain, then he has a duty of disclosure.

    To me it is common sense, honesty. If you sell a car without mentioning parts that you know are defective and in need of repair, then you are performing a sale that is deceptive and possibly fraudulent. Your actions might even cause an accident and leave you legally liable.
     
  3. DOMAIN ILLUMINATI

    DOMAIN ILLUMINATI Owner of ▲ the most expensive domain of all time. VIP Gold Account

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    The 'ethics of domain trading' are actually very simple:

    The seller should simply inform the buyer about all (essential / critical / important) points - even before the buyer will ask him (if...) for them - becasue it's always possible, that the buyer will not (keep in mind to) ask (although of course he should ask in his own interest but that's 'another story'...) him.

    Those points should also be included and noted in a written sales contract.
    This 'rule' will avoid a domain fight for at least 99 %.
     
    Last edited: Mar 31, 2017
  4. Bullock

    Bullock Established Member

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    I agree. This is the guideline: the buyer must be proactive, the seller has to be fair. :cat:
     
    Last edited: Mar 31, 2017
  5. biggie

    biggie GreenFriendly.com VIP ★★★★★★★★★★

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    i think............ if you're already an "ethical person" then no guide is needed.

    you do the right thing, naturally

    imo....
     
  6. Bullock

    Bullock Established Member

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    In the perfect world would be enough...

    [​IMG]
     
    Last edited: Mar 31, 2017
  7. DOMAIN ILLUMINATI

    DOMAIN ILLUMINATI Owner of ▲ the most expensive domain of all time. VIP Gold Account

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