Legal action?

[murph]

I purchased a domain name (rather not disclose at this point) under a month ago, and I was told that the owner had to get the name back as it had just expired.

After a month of waiting for the owner to transfer in, I find the whois has changed from original owner to a new owner.

Surely there is a contract in place and this domain, which I paid for, is mine?

What legal proecdures should I take, will Sedo take legal action on the breached contract?

 

[redbird]

First thing I would do is make sure that Sedo know about if not already done (via transfer centre) in case they see change of ownership and release the funds.

In answer to your question will Sedo take legal action. I've never seen them do it yet. A few emails is about as good as it gets.

 

[RobM]

I'd chalk it up to experience. Sedo don't get involved in legal matters beyond giving you deadbeat buyer/seller info and it would depend on many factors (most of which wouldn't result in the domain or any money). Only thing you can do is get his/her account suspended in my experience.

 

[murph]

Told Sedo! Yeah I suspect they'll be less than helpful. Thing is, surely I legally owned the domain that has now been sold onto a 3rd party? Breach of contract?

 

[redbird]

You had a contract and likely there is a breach of contract. Sedo won't do anything so your only option is court which can get expensive so unless the domain is worth the time and expense I'd drop it.

As the seller no longer owns it, he cannot transfer to you so if you win the case the likley outcome is you receive damages (breach of contract) which are likley to be the money you paid for the domain + court costs, but if Sedo refund the money then you've not suffered any financial loss as such.... It would be hard to prove otherwise.

If it's a high value domain might be worth getting legal advice, if not I'd put it down to experience.

 

[rob]

I documented on here Sedos total lack of interest in enforcing their contract. Search shopping.org.uk .

They also let the bloke, Roland Sieber, stay as a client.

Document what happens in this case, so people can see how crap sedo are.

 

[rob]

Here it is from 2007. http://www.acorndomains.co.uk/sedo/24994-sedo-dodgy-selling-venue.html

Several years later nowts changed.

 

[Bailey]

Told Sedo! Yeah I suspect they'll be less than helpful. Thing is, surely I legally owned the domain that has now been sold onto a 3rd party? Breach of contract?

In law there is a thing called "Possession" which you didn't hold and therefore the domain effectively didn't transfer to your ownership.

Breach of contract is your only legal solution, However, depending on the agreement (which is a contract) with the seller their may be other remedies. None of which would give you the domain from the current holder.

Plus from your original statement, i'm wondering if the seller didn't actually loose the domain and if he informed you (at the time of agreement) he didn't hold-it that would also form part of the conditions of transfer. In which case you can only get your money back

 

[anthony]

Here it is from 2007. http://www.acorndomains.co.uk/sedo/24994-sedo-dodgy-selling-venue.html

Several years later nowts changed.

And let's not even talk about VAT on Sedo.....

 

[rob]

To be ontopic, sedo did say they would update if the juristiction changed from germany http://www.acorndomains.co.uk/sedo/24994-sedo-dodgy-selling-venue-5.html

Nothing was ever posted. Its highly relevant in disputes.

As above, the charging comission on VAT never got sorted either.

Sedont.

 

[murph]

Can I get Icann involved in terms of getting the domain I paid for? I still believe that I am the owner by contract, and therefore the domain has been sold without my permission? I'm willing to take legal action required.. It's the principle more than anything. Unbelievable that this can happen...

 

[sdsinc]

Sedo do not sell domains. They act as a go between to facilitate the transfer.
The contract is between you and seller.
The catch is, depending on jurisdiction, you may not get the full deadbeat details.
Or you would have to subpoena Sedo perhaps.

Last year I got a case of seller's remorse. so I got a lawyer involved.
Just more money wasted.

 

[Bailey]

Murph, I feel for you but you are not the owner until the contract of transfer is fulfilled. Are you sure that the party you agreed the purchase with were still the holders of the domain and then resold it. because thats the only area where a legal remedy comes down to.

This bit you mention about "recovery of the domain" is a big influence on the whys and wherefores of what happend subsequently

 

[Retired_member41]

I've just read a post by user newlisted where he states his domains had expired and he couldn't get them back. Maybe that's what happened here.

Could just be he missed renewing and lost them?

 

[murph]

Im pretty sure there's a 30 day redemption with this registrar. Plus seller told sedo they were getting name back and would transfer after a certain date (well past now). It was only a few days expired at time seller agreed to sell, although I was unaware of this and wasn't told this until after contract in place.

 

[Bailey]

OK murph, If that's the case - Your now into the area of Fraud.

The bottom line is its impossible for you to get possession of the domain, unless you could prove some "Complicity" between the previous owner and current owner. Even then your in to massive costs.

My advice would be walk away with a painful lesson under your belt - Have the funds that you initially transfered been refunded ?

 

[Bailey]

Sorry to add "Due diligence" as the buyer may also see you as the lost cause here unless you can show some financial loss as a direct result of the uncompleted transaction.

ie Monies spent not potential gain

 

[murph]

I'm sure Sedo will eventually refund me. They've yet to get back to me since I raised the issue of a new owner. I guess they're waiting on a response from the seller. TBH this just proves to me that it's better to go direct if at all possible. I mean what's the point of Sedo.. Just means others can gazump you while you wait...

 

[redbird]

....I mean what's the point of Sedo.. Just means others can gazump you while you wait...

In this case the point of Sedo is it should be pretty easy to get your money back. Had you paid the seller direct it might be another matter.

 

[rob]

Sedo will give the cash back but thats hardly the point.

IMHO acorn shouldnt promote them until they sort their act out, and make it obvious why.

There is a 'gap' in marketing and reality.