What to do if buyer pays but ignores transfer paperwork?

retired_member12 · 21-10-2007, 05:41:55 PM

^ It's very simple. The are very much interested in the arrangements with third parties, it is just that you are not aware of that, whilst i am!

grandin · 21-10-2007, 06:07:35 PM

I would presume that a court would look at how you attempted to complete the deal.....if you sent numerous emails chasing the completion then this would safe guard you IF....you dropped the name due to not paying a renewal fee BUT if you go and pay the renewal fee and the buyer then comes back and says....sorry about the mix up.....I will pay you the renewal fee and interest at 10% then I think you ain't got a chance to hold it

Lee

FC Domains · 21-10-2007, 07:08:13 PM

I've just had exactly this happen.
There is a DRS on a domain that I sold in November 2004, but the transfer was never completed. I don't want to get involved, so have written to Nominet naming the new owner and saying that I claim no rights to the domain. They are happy with this.

I assume that the laws about unclaimed property apply to domain names. In my T&C I say that after 6 months I will make a charge for new transfer forms, after a year I will park the domain and keep any revenue. After six years the domain reverts to my ownership.

There is an issue here, in that you shouldn't really renew the domain, but explaining that to the person who paid you might be tricky.

GWing · 21-10-2007, 08:08:01 PM

Quote:

Originally Posted by DoubleTap

^ It's very simple. The are very much interested in the arrangements with third parties, it is just that you are not aware of that, whilst i am!

I know nominet often seem to operate outside English law, but don't see how legally they'd be able to give out any specific information regarding ownership details or make changes to a domain name.

Perhaps if someone has already received information from nominet regarding a domain, they are getting confused between public domain information that nominet can not give out.

Data protection is something I'd imagine nominet are very well clued up on. Nominet should only act if they have instruction from a court to do so.

robert911 · 28-10-2007, 02:00:28 AM

To avoid this situation where buyer does not complete Nominet paperwork, and risk being liable & get hassle, the seller should do the following:

1. Get BUYER to fill in his bit of Nominet paperwork & send to seller
2. Get the MONEY + Transfer fees ( don;t forget this !! )
3. SELLER pay Nominet fee, send rest of form & ID etc to Nominet

The BUYER will then 100% be the new registered owner, cos Nominet only ask the SELLER verification questions etc. Name been forcibly "pushed" onto BUYER on Nominet records. Headache, cost and hassle solved

Do I get a Pizza for this fancy advice or not ? Nothing's free in life

Cheers
Robert

eetc · 30-10-2007, 12:27:46 PM

I have a similar issue. I sold a domain and pushed it to the buyers tag when I got paid but the transfer has not happened despite my requests. I am concerned as the domain may have a TM issue and if a site was uploaded abusing that TM I may be in hot water. I am wondering if I can use the online service to bring it back to my Tag so I can set my own holding page?

eetc

fred · 30-10-2007, 01:16:45 PM

Quote:

Originally Posted by eetc

I have a similar issue. I sold a domain and pushed it to the buyers tag when I got paid but the transfer has not happened despite my requests. I am concerned as the domain may have a TM issue and if a site was uploaded abusing that TM I may be in hot water. I am wondering if I can use the online service to bring it back to my Tag so I can set my own holding page?

eetc

That is the reason why I very rarely change the Tag on any domain I sell until it is in the buyers name.

You should have no problem in recovering the domain to your tag if it is still in your name. (but you might want to give them an ultimatum first "Complete the transfer now or I will retrieve the domain to my tag")

eetc · 30-10-2007, 01:33:46 PM

oops, refreshed and posted again, doh

eetc

keys · 30-10-2007, 01:43:23 PM

There are various reasons why buyers do not complete the transfer process. I think most of them just forget about it, even after several reminders.

A few never had any intention of completing a transfer and being subject to Nominet T&C's. If you release a domain to one of them you are almost certainly heading for grief at some future date.

I have just instructed a lawyer to clarify the position and suggest a remedy to deal with all cases. It is an unwelcome expense but a small sum compared with potential liabilities.

21-10-2007, 06:07:35 PM	#12 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	keep trying I would presume that a court would look at how you attempted to complete the deal.....if you sent numerous emails chasing the completion then this would safe guard you IF....you dropped the name due to not paying a renewal fee BUT if you go and pay the renewal fee and the buyer then comes back and says....sorry about the mix up.....I will pay you the renewal fee and interest at 10% then I think you ain't got a chance to hold it Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

21-10-2007, 07:08:13 PM	#13 (permalink)
FC Domains Join Date: Mar 2005 Posts: 1,060 No Classified Ratings Domain Trader Rating: (100% / 62)	I've just had exactly this happen. There is a DRS on a domain that I sold in November 2004, but the transfer was never completed. I don't want to get involved, so have written to Nominet naming the new owner and saying that I claim no rights to the domain. They are happy with this. I assume that the laws about unclaimed property apply to domain names. In my T&C I say that after 6 months I will make a charge for new transfer forms, after a year I will park the domain and keep any revenue. After six years the domain reverts to my ownership. There is an issue here, in that you shouldn't really renew the domain, but explaining that to the person who paid you might be tricky. __________________ Colin FC Domains Domains drop-caught and sold at wholesale prices

30-10-2007, 12:27:46 PM	#16 (permalink)
eetc Join Date: Mar 2005 Posts: 398 No Classified Ratings Domain Trader Rating: (100% / 12)	I have a similar issue. I sold a domain and pushed it to the buyers tag when I got paid but the transfer has not happened despite my requests. I am concerned as the domain may have a TM issue and if a site was uploaded abusing that TM I may be in hot water. I am wondering if I can use the online service to bring it back to my Tag so I can set my own holding page? eetc __________________ Domains for sale at Domain Centre Bikexpress \| Vitimins \| Debt-Difficulty \| iMacShop \| ManageMyDebt \| LightLED

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21-10-2007, 05:41:55 PM	#11 (permalink)
retired_member12 Join Date: Aug 2006 Posts: 1,510 No Classified Ratings Domain Trader Rating: (0% / 0)	^ It's very simple. The are very much interested in the arrangements with third parties, it is just that you are not aware of that, whilst i am!

28-10-2007, 02:00:28 AM	#15 (permalink)
robert911 Join Date: Aug 2007 Posts: 26 No Classified Ratings Domain Trader Rating: (100% / 3)	To avoid this situation where buyer does not complete Nominet paperwork, and risk being liable & get hassle, the seller should do the following: 1. Get BUYER to fill in his bit of Nominet paperwork & send to seller 2. Get the MONEY + Transfer fees ( don;t forget this !! ) 3. SELLER pay Nominet fee, send rest of form & ID etc to Nominet The BUYER will then 100% be the new registered owner, cos Nominet only ask the SELLER verification questions etc. Name been forcibly "pushed" onto BUYER on Nominet records. Headache, cost and hassle solved Do I get a Pizza for this fancy advice or not ? Nothing's free in life Cheers Robert

30-10-2007, 01:33:46 PM	#18 (permalink)
eetc Join Date: Mar 2005 Posts: 398 No Classified Ratings Domain Trader Rating: (100% / 12)	oops, refreshed and posted again, doh eetc

30-10-2007, 01:43:23 PM	#19 (permalink)
keys Join Date: Oct 2004 Posts: 759 No Classified Ratings Domain Trader Rating: (100% / 11)	There are various reasons why buyers do not complete the transfer process. I think most of them just forget about it, even after several reminders. A few never had any intention of completing a transfer and being subject to Nominet T&C's. If you release a domain to one of them you are almost certainly heading for grief at some future date. I have just instructed a lawyer to clarify the position and suggest a remedy to deal with all cases. It is an unwelcome expense but a small sum compared with potential liabilities.