Legal Stand Point - Registrant Details

[retired_member6]

What's the legal stand point when a domain is still registered in your name long after a sale? Am I still liable?

 

[deconstruction]

not sure from a legal stand point, but nominet will deem you liable for the name.

be interesting to find out for sure

 

[bb99]

I'm not aware of any "serious" issues that have occurred like this with domain names.

I suppose it's a bit like selling a car and not transferring the ownership with the DVLA. At best you might get a parking ticket. At worst you might get a visit from the Police because the car has been used as the getaway vehicle in a robbery or sommat. Either way, if you can produce a bit of paperwork and convince the nice Policeman that you're not a criminal then you'll probably be ok. Lot of hassle though.

With a domain name I suppose you could be open to a number of "liabilities", be they:

- a call from the police (maybe if used for fraud or phishing)
- a DRS which may count against you in future cases (particularly if the new owner has re-tagged the domain and changed the email addresses or postal address)
- a bundle of documents from a nice man on a bike from a big firm of solicitors in London, together with the necessary court papers for a passing off action

I'd imagine that, in these cases, you'd be OK if you can produce reasonable paperwork supporting the sale of the domain at a time that pre-dates the problem. But you would have some inconvenience and hassle.

By design, the transfer process is a two way thing. Both sides have to do the paperwork so it's a bit of a problem if the other side doesn't do what they are meant to do. However I think I like it that way.

 

[deconstruction]

nominet dont agree with the DVLA scenario, as far as they are concerned if your on the whois.. your liable for the name. (that's my experience any how) not saying they are right, and it would be good to have a legal definition to prove otherwise.

 

[Whois-Search]

It's just happened to me on MILLY they are using it and have changed the TAG. However the whois is still in my name.

For what ever reason they haven't send the transfer form (I filled in) and my letter back to Nominet. Tried to contact them but no reply.....

This is where transfers on .com's are much better (you can change it for them before you give them the name) even if its less secure.

Time to ask the Nominet to chase the transfer .... however I bet they won't do anything until they send their letter accepting the transfer.

I could always surrender the name Surrender

....but then they would reply lol

 

[dhscott]

IMHO, I believe the easiest way to solve this problem would be to not send the buyer the transfer form, but instead to send them the parts which they need to fill in and have them return it to you.

This way you can make sure once you have sent off the form that it will be transferred.

Would anyone agree, or is there a downside I have missed?

 

[retired_member6]

IMHO, I believe the easiest way to solve this problem would be to not send the buyer the transfer form, but instead to send them the parts which they need to fill in and have them return it to you.

This way you can make sure once you have sent off the form that it will be transferred.

Would anyone agree, or is there a downside I have missed?

I think I'll start doing that and also start collecting the transfer fee also. It saves all the 'not going anywhere domains when sold by a third party after they've already bought it, because I'm travelling and may not have internet access when I get lost in the gobi for six months.'

 

[dhscott]

I haven't had a .uk sale yet so I have no experience in this field, but I would simply add the NTF to the sale total and then pay for the transfer myself. The buyer would just simply reimburse if you see what I mean

 

[Nigel]

It's important to not transfer tag until Nominet complete transfer. That way you can at least control the domain and determine that it's use is OK whilst the domain is still registered in your name.