Domain buyer not sending transfer forms.

Hey everyone,

This isn't entirely a dispute (yet) but there doesn't seem a better place to post, so apologies if this is in the wrong place.

I sold a domain a few months back, and changed the TAG while sending the Nominet transfer forms as the buyer wanted to use the domain straight away. Problem is that the buyer still hasn't sent the forms off, despite repeated requests to do so.

The site he's set up is concerned with property rentals. My worry is that if someone has a problem with a transaction on that site and seeks legal recourse, as I'm still down as the domain owner when a whois search is performed (even though I've sold it) then I may be dragged into any such dispute.

Are my fears justified, or am I just being paranoid? If I am right to be concerned, Nominet advised surrendering the domain. Is this reasonable? If there's little to worry about, any ideas on the best course of action?

Any advice would be appreciated.

Regards,
Mike.

 

Give a warning t new owner to send off the forms or you change the tags back to yours turning off their site

 

Hey Mally,

Thanks for replying. Must admit, would prefer to find another way out but it's an option, isn't it? Suppose it'd at least get the guy's attention!

Mike.

 

Yes, you are right to have concerns.

 

I'm in a similar situation, I sold a name a month or so ago and the buyer is your typical American buyer, wants "free push" and doesn't quite understand the repeated notices I give regarding sending off his transfer forms with the right fee. He still hasn't done so, and the domain is still registered to me. He hasn't yet started trading on the name, but I'm stuck on what to do. Do Nominet have any advice on issues like this? Is the onus in a sale on the seller or buyer (from Nom's point of view?) if it is [generally] on the buyer then perhaps we could report the new owners for incorrect registrant details? I don't quite know, and would like some advice myself!

 

Unfortunately though, you would still be the registrant on the WHOIS record.

 

Yeah admin, I think the concern here is more about the accountability that us (as the legal registrant) would possibly possess as a result of the new owners trading perhaps unethically on the domain rather than whether or not they have control over the domain.

 

This is a suggestion for future sales:

According to Nominet rules, the legal owner and controller of a whois record is the person or company listed as registrant (regardless of a sale).

If you send a buyer the completed transfer paperwork you've done your part.

If you trust them and/or they specifically request an IPSTAG update, do it. Otherwise, why not let a buyer change the IPSTAG when they complete their sections of the doc? It only takes 24-48 hours for Nominet to process the full update, so for me the paperwork is more important after a purchase than an IPSTAG change.

If after an extended period they fail to submit the paperwork and you feel they are giving you a bad name, you still have (legal) ownership, and control because of the IPSTAG, at which point you could update the whois record to something like this:

Registrant Name: Your name (can't be changed)
Address Line 1: NEW DOMAIN OWNER - New company name
Address Line 2: New company address
Address Line 3: New company city
Address Line 4: New company postcode
Address Line 5: New company country

Not an ideal solution, but at least you can clarify in whois who "should" be the new owner.

Of course the downside is that the paperwork will then be void because the contact info won't match, but we aren't talking about a normal situation here. You can always resend the paperwork to them if they ever contact you again.

 

Thanks for the replies everyone.

I've decided to follow Nominet's advice and eMail the buyer politely asking that he send the forms off and giving a deadline by which I'll surrender the domain to Nominet if the transfer isn't completed. Hopefully that'll do the trick. I'll keep you posted on if it works.

I wonder if it might be useful for us domainers to have a list somewhere of buyers that don't send off the forms? I'm aware of the possibility for abuse with such a system, but if some buyers are routinely dragging their heels on transfers, payments etc it might be useful if we all know then we could be suitably wary when dealing with them in the future.

Mike.