keys

Someone sold a useful (but not high value) domain three years ago. Despite receiving transfer paperwork and reminders the buyer ignored it and has since moved, new contact details unknown.

A small business trading under the same name is now keen to acquire the domain, but hindered by the above circumstances. Is there an easy way to resolve this?

Hazel Pegg

If the buyer never completed the paperwork then the domain is still registered to the original seller?

Whois-Search

I sold www.milly.co.uk and sent them the paperwork - they never sent it back to Nominet.

Technically it is still registered to me and Nominet won't see it any other way - don't blame them either really.

I suggest waiting for the Default Transfer policy to be implemented

At least with dot com you can create another account at the same register in their contact details and push the name to that account - then again that's how hijacks happen.

__________________
Andrew Bennett - www.whois-search.com
Linkedin: http://uk.linkedin.com/in/andrewgbennett

Beasty

I agree with Hazel - legal title to the domain is definitely still with the seller, until the transfer has been completed and sent to Nominet.

Beneficial ownership is a bit trickier - if it were not the buyers fault, then I'd say it probably transferred when the agreement to sell was reached. However given that the problem is due to their indifference, then I think a court might look at any claim less favourably.

Also, if you sold it 3 years ago then you must have renewed it at least once since then. I can not see that you have an obligation to do that on behalf of the missing buyer - so if the question is being asked because it is due for renewal then you may want to consider letting it drop after three years.

If you are asking because you want to keep it, in general terms a contract that has not been enforced becomes unenforceable after 6 years due to the Statute of Limitations.

The above does not constitute legal advice etc. etc. as I have not been instructed and have not seen all of the facts - it's just a best guess in general terms for general consumption.

mat

The paper work was sent to them so they were completely aware that it needed to be filled in for ownership.

They didnt fill it in and send it off so they dont own it, simple as.

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Mathew.co.uk - Follow me on Twitter here

keys

Thanks for your replies.

I take the view that, given clear information and the transfer paperwork, buyers should complete the process promptly.

If they fail to do this even after a reminder/s then they should expect to lose the domain upon renewal.

What would be the position if in the meantime a third party made or threatened a claim against the selling registrant, and he/she released the domain?

bb99

Have you asked Nominet - I'd be interested to know what advice they give out as this must happen reasonably often.

__________________
Droppr - finely tuned .uk dropcatching for Nominet members
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keys

The Nominet position on this is,

They deal with Registrants and are not interested in arrangements with third parties.

retired_member12

Sorry, but you are wrong on that i'm afraid, very wrong!

retired_member16

What sort of post is that?

Can you explain what you mean?