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Are you legally required to "tell all" if a dispute is raised before selling?

Discussion in 'General Board' started by mally, Aug 5, 2008.

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  1. mally United Kingdom

    mally Well-Known Member

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    Are you legally required to "tell all" if there has been any dispute is raised before selling a domain name?

    Im looking at buying a domain name and I want to make sure no body has complained about it been registered?

    Its the name of a US company and theres plenty of similar named companies in the UK using the name or very similar name..

    Cheers

    Mally
     
    Last edited: Aug 5, 2008
  2. Domain Forum

    Acorn Domains Elite Member

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  3. WaftyCrank United Kingdom

    WaftyCrank Active Member

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    I'm not 100% sure but as far as I know it is a legal requirement.
    If you ask and they say no, and you keep a record of the communication if anything comes on top that can be proven to be a previous complaint about the name then you would have a strong case for taking them to court for a refund of your initial payment.

    However you would still have to decide with court would be a route you're willing to go down? If it's a name worth less than £5k and you're buying it from someone in the UK then small claims will be your best bet.
     
  4. GreyWing

    GreyWing Retired Member

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    They are only obliged to tell if you ask, so would be best to get them to put it writing before you buy.

    Maybe ask nominet to see if they are willing to tell you of any complaint.

    DRS's are done in the public domain so I can't see why they wouldn't.

    All the best
    GW
     
  5. WaftyCrank United Kingdom

    WaftyCrank Active Member

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    Yep I should have specifically mentioned that part. You actually have to ask for them to be obliged to tell you :mrgreen:
     
  6. Jeewhizz

    Jeewhizz Well-Known Member

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    It's a case of Caveat Emptor - Buyer Beware!
     
  7. philipp United Kingdom

    philipp Active Member

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    You can't transfer a name if a complaint has been raised under the DRS:

    P.
     
  8. rob

    rob Founding Member

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    Two points:

    - Ask the question, then their answer if untrue can be used later.

    - Some (not all) names depend on the registrants actions. ie. previous owner uses .uk abusively, i then aquire it and use it properly. I am not responsible for previous users actions.

    Not all policys act like the latter. Plus that is disputes not law...
     
  9. mally United Kingdom

    mally Well-Known Member

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    Hi All

    Thanks for your reply's.

    To help you decide if they may be any issues I added the domain below, what do you think, should there be any issues?

    s o f t p l a y .co.uk

    Cheers

    Mally
     
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