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

[mallymally is verified member.]

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

 

[WaftyCrank]

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.

 

[GreyWing]

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

 

[WaftyCrank]

They are only obliged to tell if you ask

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

 

[Jeewhizz]

It's a case of Caveat Emptor - Buyer Beware!

 

[philipp]

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

13. Transfers During a Dispute

a. A Respondent may not transfer a Domain Name registration:

i. if the electronic form of a complaint has been received by our Dispute Resolution Service staff and the matter is pending the receipt of a valid paper copy to confirm the complaint (to a maximum of five (5) Days); or

ii. whilst proceedings under the Dispute Resolution Service are ongoing in relation to the Domain Name or for a period of ten (10) Days after their conclusion, unless to the Complainant as a result of a settlement reached between the Parties and approved by us whether or not pursuant to Informal Mediation; or

iii. whilst a court proceeding or arbitration in respect of the Domain Name registration is ongoing in a court of competent jurisdiction.

We reserve the right to reverse any transfer of a Domain Name registration which does not comply with this paragraph.

b. A Respondent may not without the Complainant's consent (which the Complainant will not unreasonably withhold) transfer the hosting of a Domain Name to another ISP whilst proceedings under the Dispute Resolution Service are ongoing in relation to the Domain Name or for a period of ten (10) Days after the conclusion of the Dispute Resolution Service.

P.

 

[robrob is verified member.]

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...

 

[mallymally is verified member.]

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