Discussion in 'Selling Domain Names' started by Tassos, Feb 25, 2016.
Chocolate ( if )cake of course !!
The question in that case is , if the .uk was registered before your last offer ( no deal yet ) wouldn't THAT LAST offer follow the new status ?
Would you get in to expenses to take legal actions ?
If the Nominet whois shows the rights at the time of sale, then I would assume the rights go with the name unless specifically excluded in the contract.
What does the sedo contract state?
The one that makes the offers is sedo member from 2007. It is obvious that he is biding for another .He is a domain broker. He knows everything so he could have written a comment or email me directly.
He didn't do any of these .
We all know that the pro way is email directly and ask for escrow with written everything and asking in this case the .uk rights.
He might don't care about the .uk.It's not my position to know.
as I said before there is no sale yet. Just biddings ( offers) that can take a while to get the agreed price.
down to morals
You have obviously given this thought
If you directly accepted the offer, it would be whether the right of registration was with the .co.uk when the bid was made not when you accepted it.
Unless the bidder made you aware the .uk was part of the deal
then in my opinion if you did as you suggest
1 register the .uk
2. next day (as otherwise no evidence on time of day registered on Whois) make a counter bid
3. they either accept your lower counter bid
4. or make a another counter bid which is lower than the original bid and then you accept that
it is down to morals on the above
You still haven't answered the question on what the sedo contract says, I'd query this rather than taking advise from a public forum, especially if you say the buyer is a domain professional.
Just found these
acorndomains is a very useful forum
"Nominet declared (in most cases) the .uk is the right of the .co.uk holder. If you register the .uk and sell the .co.uk they are 2 separate entities, if you sell the .co.uk and have not registered the .uk at the time of sale then the entire rights associated with the .co.uk are sold unless you make an alternative agreement prior to the sale. "
"Posted by a user called Sedo -
Sedo expects the seller to transfer the domain in question with any associated rights that may pertain to the domain at the point of sale. Further, the seller can indicate what they wish to sell with the domain in the ‘offer description’ box. A failure to transfer the domain with unclaimed .UK rights when the .UK rights were unclaimed at the point of sale or the seller has indicated the inclusion of .UK rights with the domain in the ‘offer description box’, would result in breach of contract."
Doesn't matter, bid was placed back on information at the time, which includes .uk rights.
As I said before there will be more bids.The final bid will be after I have registered the .uk for sure.
Or, so on that assumption, ignore the existing bids/buyers, register the .uk and any new bids won't include it. It then becomes an ethical battle only, imo.
I think this is right.
If the .co.uk is a pre June-14 i.e. comes with the rights to the .uk then the .co.uk should be sold as is with the un-exercised rights. IMO.
Sedo's contract is one big loophole - 'point of sale'. When the f*(k is that? It should be from first point of offer/interest.
TBH to a few old-timers in the industry this wouldn't have been a discussion...
Alternatively, make it known to the bidder(s) that as the co uk comes with rights to the uk your asking price reflects this.
Negotiate on that basis, avoid potential post-sale hassle.
I left all the angry feelings behind and did the right thing..
Separate names with a comma.