.co.uk bought, then .uk registered

[diablo]

The onus lies with the buyer to clarify the situation before agreeing to purchase. It's that simple.

It's not that simple. It depends entirely on the contract entered into and as has been pointed out, Sedo have stated on here that "A failure to transfer the domain with unclaimed .UK rights when the .UK rights were unclaimed at the point of sale ... would result in breach of contract."

 

[mojoco]

It's not that simple. It depends entirely on the contract entered into and as has been pointed out, Sedo have stated on here that "A failure to transfer the domain with unclaimed .UK rights when the .UK rights were unclaimed at the point of sale ... would result in breach of contract."

I accept that point, but personally would not part with my money without getting prior agreement with the seller purely for the avoidance of doubt.

 

[diablo]

I accept that point, but personally would not part with my money without getting prior agreement with the seller purely for the avoidance of doubt.

Agree 100%.

 

[scooter]

I accept that point, but personally would not part with my money without getting prior agreement with the seller purely for the avoidance of doubt.

You can't do that on a "buy now" on Sedo.

 

[diablo]

You can't do that on a "buy now" on Sedo.

That's why you don't buy from Sedo until they get this mess sorted out ;-)

 

[scooter]

"contract"

Here is Sedo's seller T&C's
Sellers may submit a 'Buy Now' Domain listing by submitting or updating their Domain listing to include a fixed price that serves as an open-ended offer to Buyers on the Domain Marketplace to sell the Domain at the indicated price. This offer to sell the Domain at the indicated price shall remain binding for so long as until Seller updates the Domain listing in their Sedo user account with a different fixed price offer or an alternative listing type

I would think that is when a contract to sell is entered in to. When the seller receives the "Buy it now" confirmation email.


Would be nice to see a reply from Sedo on this thread.



.

 

[tifosi]

Until SEDO clarify their position it's a circular argument.

As educated investors we know the score, and just how underhand / unscrupulous the seller has been, whether within their rights or not.

If the end-user was uneducated they might not realise the issue until weeks/months down the line...

Really shitty all round.

 

[aZooZaaZooZa is verified member.]

Sedo are a complete waste of space. We've known this for years. Why would you expect them to be able deal with something as simple as this? They don't care. Stop using them.

 

[Retired_Member38]

So who was it then?

Even if they give you the .uk they're only going to give you it because you kicked up a fuss and/or were going to refuse to complete.

Sounds like they'll just keep trying it while Sedo are going to let them...

 

[archibel]

I was in the same situation recently. Below is transcript of my conversation with SEDO which illustrates their position on this. (My comments blue & SEDO responses red.) I particularly like their "let sleeping dogs lie" comment...easy to say when it's my £xxxx on the table!

As you know .co.uk domains now come with the right to register the .uk equivalent. Please get the seller to confirm the sale of [domain].co.uk includes the right to the .uk and forward me confirmation. (At todays date they have not registered the .uk so the 'right to register' is still attached to the .co.uk >> I need to be sure they will not exercise this right before I have the domain under my control.) I soon as I have this written confirmation, I will send payment.

Please note that the .uk is not included in the contract from Sedo. The transfer is only for the domain [domain].co.uk. We can´t even force the seller not to register the .uk domain as this is something with Nominet and not with Sedo. I don´t know if the seller already knows that you can only register the .uk domain when you have the .co.uk as well. For my opinion we should let sleeping dogs lie. So please tell me if I still should ask the seller about a written confirmation. Please note that even if he is not giving that to you, this is a legal binding contract and you have to pay for the domain. If not and this will mean we have to cancel the transaction, you will be charged the commission and the seller will be able to take legal steps against you.

Rene, please do not threaten me...I am trying to help us avoid a situation where I would be forced to initiate legal action against SEDO! SEDO (Dildeep) posted on Acorn Domains the following comment in relation to concerns about this exact situation "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". Perform a Nominet lookup, you will see the "right of registration" is still associated with [domain].co.uk at 11.57 on 24th July 2014 I made an offer for [domain].co.uk specifically because "at the point of sale" this particular domain holds the "associated rights" the SEDO statement above refers to. You MUST get written confirmation from the seller for this particular sale to proceed and keep your fingers crossed he/she agrees. I also suggest you communicate to Management that SEDO must quickly define and communicate a clear, consistent policy in relation to .co.uk/.uk or risk losing the .co.uk marketplace for good.

Glenn, I don´t want to threaten you. All I am saying is that we do not have anything to do with the terms and conditions at Nominet. Like I said, this transaction is only about [domain].co.uk and does not include the [domain].uk. And this is why you can´t take legal actions against Sedo as you have agreed to our terms and conditions by buying this domain on our marketplace. So if you want me to ask the seller about something written regarding not registering the .uk domain, please set up something like a contract, load it up here in your transfer center and I will forward it to the seller. This is all I can offer you.

Please tell me which paragraph of your terms and conditions deals with "associated rights" in relation to .co.uk/.uk? As you are well aware, this is not covered in your T&C. So I refer you once again to SEDO's statement on Acorn Domains. "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".

Like you said, there are no T&C in relation to .co.uk/.uk domains and there "associated rights". The statement you are talking about was only for our special .co.uk Auction, we had some weeks ago. But this doesn´t affect this transaction as it wasn´t part of the auction. I will now ask the seller for a written confirmation and will inform you once he got back to me.

Here is the message from the seller:
"Thanks, understood. Yes, I confirm that I will not register [domain].uk”

 

[tifosi]

Sedo aren't getting that it's nothing to do with Nominet's T&C's but a simple issue of transparency!

And I would argue, honesty.

 

[diablo]

Sedo really are a shambles. Their "let sleeping dogs lie" comment is outrageous.

It appears from what the above transcript says that the breach of contract refered to by Dildeep only applied to the .co.uk / .uk auction.

If that's the case, it appears that a loophole exists with Sedo for sellers to retain the .uk right up to the moment they initiate the transfer.

 

[cm1975]

Just a quick update -

I have been in contact with the seller and we are looking to resolve the issue one way or the other. They are a registered user on Acorn Domains, so if they would like to put across their side of the story, then they are welcome to do so.

I have yet to hear any further from Sedo.

 

[Retired_Member38]

They are a registered user on Acorn Domains, so if they would like to put across their side of the story, then they are welcome to do so.

What is there they can say? Its just yet another domainer doing something scummy but legal.

 

[diablo]

Just a quick update -

I have been in contact with the seller and we are looking to resolve the issue one way or the other. They are a registered user on Acorn Domains, so if they would like to put across their side of the story, then they are welcome to do so.

I have yet to hear any further from Sedo.

Disappointed that you won't name the seller.

You have been caught out, but are not helping others avoid the same fate by your silence.

 

[Retired_Member38]

Why don't we all guess who it was.

I'm going with Nokta.

 

[Retired_Member42]

Tagnames / Andy Hugh

 

[bonusmedia]

Why don't we all guess who it was.

I'm going with Nokta.

Nokta are upfront about it - they decided to charge double for both.
I wonder how that's working out for them

 

[diablo]

Why don't we all guess who it was.

I'm going with Nokta.

Seller is UK based.

 

[Retired_Member38]

Nokta are upfront about it - they decided to charge double for both.
I wonder how that's working out for them

They wouldn't have had a chance to be up front about it if it was all through Sedo though. That and the fact they said before they were basically doubling the price of their portfolio on uk launch, made me pick them.