Selling a domain twice

Hi Guys,

I come across a bit of a problem, about 12 months ago I sold a domain name for £500.00. The buyer paid and the transfer was sent (got proof) he didnt complete the transfer and it timed out and to be honest I forgot all about it.

Forward on 6 months later I get an enquiry on it and without thinking and the domain still showing as mine, I re-sold it for £150.00.

Now the original buyer has emailed tonight asking for his transfer but its now been sat in someone else name who is now using it.

I have offered the original buyer his full money back but hes not accepting saying that he wants his goods.

Where does this leave me?

Thanks for your help.
Sean

 

Morally, you should obtain the domain back and transfer it to the original buyer.

Definitely refund the £500 otherwise though - it's surely the buyers own fault for not completing the transfer?

Legally though, who knows?

 

Anyone else ?

 

You could also ask Nominet to intervene/advise?

 

I did think of that, its never happened before so just wanted some advice.

 

Sounds like a genuine mistake on your part and a huge miscalculation on his part not completing the deal.

Reality is the new owner paid for the goods , he now has the good and therefore its his. (if i was that new owner and you asked for it back ill tell you where to go lol )

Give the other guy his money back, tell him whats happened and give the details of the new owner should he want to offer £500 and the new owner can make a small instant profit.

There is nothing more you can do, he might be pissed you sold the domain but its his responsibility to accept it and ensure the transfer has gone through in my opinion

 

I honestly can't imagine my memory being bad enough to sell the same domain twice, in just 6 months too!

Sean if you genuinely can't remember things like that id be worried if i were you

 

lol me either but i couldnt be bothered to dig out information i really don't care about or is any of my business, he asked a question...I answered with my opinion.

 

Murray in the last 2 months ive sold over 40 domains to end users, thats not even including forum or auction sites.

 

You're at fault, and IMHO if he wants to come after you for refund + more, he's well within his rights to.

Reason being, is as soon as he paid, the contract was made. You agreed to sell the domain name to him, no one else. Then, for whatever reason (maybe naivety on his part), he didn't complete the Nom transfer.

You then resold, and now he wants to do something with it, he wants what he legally purchased from you, but you've sold it on, for more profit.

I can't see Nom getting involved, as it will be between buyer 1 and you. The other purchaser is just an innocent party, like the guy who buys a car that still has finance on it.

If I was you, I would beg, plead, and do anything you can to get him to take a refund and enough for a curry or two. Until he takes the refund, the contract between you and him still exists.

 

The first buyer didn't fulfill the contract by completing the transfer, just tell him that and give him his money back.

 

It was resold by a member of my staff for £150.00 so not for more profit.

I did state this if you can read my original post.

It will have been nearly 12 months since the first buyer paid for the domain name the transfer was sent.

 

Yep - its pretty much same as ordering a jacket online - they take your money as item was showing in stock but then when it comes to the dispatch at another department there is no sizes left, the company always then sends a full refund.

As i said before, I sell huge amounts of domains so it isnt a case of bad memory as murray was trolling at

 

You or a member of your staff? (you have a staff?)

You do have a bad memory

 

Sean, do you remember the £300 I loaned you last November?

Seriously your gonna have to repay the initial £500…ouch

 

I can see how this mistake could have been made given the timescales 12 months is taking the piss to transfer a name.
It's unfortunate for the buyer but you have offered the money back they should just take and move on what more do they expect after so long

 

It makes no difference who resold it, you took more money for it.

Please don't mock me. Your original post says:

Just out of interest, and in all seriousness now -

Did you make it 100% crystal clear, leaving absolutely no room for doubt, error or mis-interpretation that the buyer (THIS 1ST BUYER) needed to complete the transfer through Nom, and still have proof of this?

You'll find its within the terms and conditions (that box you tick but never read), that they can do this under certain circumstances. Also seem to remember there being something in the DSRs about it to.

 

I sent him an email at the time and in the subject I put in capitals domain transfer sent.

I have the Nominet time out transfer that came 5 days afterwards, almost 12 months ago now.

 

Have you asked him why he did not complete the transfer?

 

£500 plus an additional £150 is more profit!

All you can do is refund the original buyer, though you've both made a mess of it tbh. If he gets funny about compensation, suggest you will start charging him a storage fee for the time since you initiated the transfer

Seems an odd situation to forget that you've sold it already. 40 domains isn't a lot to completely forget imv.