Must fill out transfer form?

[zic]

Hi all,

I sold a domain a few weeks back. Buyer's happy as the domain works for him (NS changed) and I'm mostly happy as I've been paid.

Only problem is the WHOIS still shows my name. Buyer reckons he's done his bit by pressing the right buttons on his 1&1 control panel, and that he's done this a zillion times before etc etc.

However, I called Nominet and they said the ONLY way to get the WHOIS to update is to fill out a transfer form and post it to Nominet with signed confirmatory letters and £11.75.

Buyer disagrees, reckons Nominet are just poking there nose in where it's not needed, and that it'll just take "time" to update.

What do we think?

I'm not convinced, I mean so far all I've done is change the tag to 1&1. At no point have I explicitly agreed to transferring ownership of the domain. I gather I'm supposed to click a link in an e-mail but it never came.

Advice much appreciated,

Rob

 

[grantw]

The only way to officially transfer a domain name is to fill out the forms and send them to Nominet, that is the only way you can change the registrant name.

Grant

 

[zic]

You're absolutely 100% certain that's the only way?

I mean, this guy seems adamant he does this all the time and never gets Nominet involved.

He even sent me a copy of an e-mail with 1&1 where they say it will update, just takes time.

Could this be some kind of weird scam?

 

[grantw]

100% certain

That is the only way to change the registrant name on .uk domains, you can change the address details etc at some registrars by pushing it over but not the registrant name.

The guy is probably getting confused with .com/.net etc. which only need a push to transfer them.

If the buyer thinks he has done this in the past for .uk domains then he should check the whois and will see that he has paid for something that he doesn't officially own!

Grant

 

[keys]

This confusion is common with buyers who have not come across the Nominet transfer process before.

There are also a small minority of buyers who have no intention of becoming the new Registrant, especially if there is a likelyhood of complaints from their use of the domain.

I sold an entirely generic domain to a builder for £850. He doesn't dispute the transfer process, he just refuses to become the new Registrant. I have a fair idea of his position but there is no way I can force him to complete the paperwork.

 

[grantw]

There are also a small minority of buyers who have no intention of becoming the new Registrant, especially if there is a likelyhood of complaints from their use of the domain.

Indeed, I sold a dodgy revenue domain on here for peanuts, the w*nker of a buyer didnt change it into his name and it came back to bite me big time!!

Grant

 

[rob]

You're absolutely 100% certain that's the only way?

I mean, this guy seems adamant he does this all the time and never gets Nominet involved.

He even sent me a copy of an e-mail with 1&1 where they say it will update, just takes time.

Could this be some kind of weird scam?

I doubt it is a scam - just someone used to the 'push' of .com etc.

http://www.hey.co.uk/domains/domain-services/.uk_domain_name_transfer_guide.html has my guide to the process, updated for the new forms / policy.

 

[monaghan]

Presumably you can advise Nominet that you are no longer the registrant and the new owner refuses to complete the forms and request your name is removed from the whois and then leave Nominet to choose what to do.

The Nominet T&C's require you to keep accurate information, so I would guess that anyone who doesn't deserves for Nominet to take action.

 

[rob]

Presumably you can advise Nominet that you are no longer the registrant and the new owner refuses to complete the forms and request your name is removed from the whois and then leave Nominet to choose what to do.

The Nominet T&C's require you to keep accurate information, so I would guess that anyone who doesn't deserves for Nominet to take action.

It is possible to surrender the domain name.

It is worth having a sales contract if dealing with people you are unsure of, for example to give a timeframe to transfer or monies retained or name surrendered etc.

 

[monaghan]

It is possible to surrender the domain name.

I guess that would be a last resort

I'd have thought that you should be able to remove yourself from a domain and leave Nominet to to the rest (including removing it from the register if the new registrant refuses to update their details).

Raise a support request with Nominet and see what they advise

 

[zic]

Thanks all.

I've told him several times he must go through to Nominet, to no avail, so I've gone for the last resort and politely told him if he doesn't fill out the form, I'll have no choice but to surrender the domain.

Fingers crossed...

 

[retired_member11]

Tell the 'buyer' to make the transfer official or you will surrender the reg as you don't want it in your name any longer.

It could be a scam, but not the actual buying of the domain. There could be an intent to use the domain for a website that results in illegal activity. You wouldn't want to get caught up in that as the 'registrant' that you still officially are in the eyes of the authorities. A potential horror story really - child porn, credit card fraud. et.c. et.c. Don't expose yourself to such risks; always be the one to overseee the transfer and don't leave it to the other party when selling a domain name. You must officially cut your legal link to a domain when it has been sold or it could come back to bite you where it hurts.

 

[zic]

Update:

I sent my paperwork to Nominet a week and a half ago, the buyer claims to have sent his at the same time. I called Nominet today, they've received my paperwork but not his.

I e-mailed the buyer, saying I'd surrender the domain if he didn't e-mail the paperwork to Nominet tomorrow. He said if I did that, he'd want his money back, and I guess he'd be entitled to it, even though I'd end up without the domain OR the money...

Then it hit me, could the scam be this: Coerce me into surrendering the domain and refunding his money, so he can snap it up on the open market for a nominal registration fee.

Sound feasible? If so, what can I do?!

 

[zic]

... as I'm still the registered owner of the domain, can I change the tag back to my registrar and regain control of the domain? If so, do I have to go through Nominet or can my registrar do this?

 

[tifosi]

Update:

I sent my paperwork to Nominet a week and a half ago, the buyer claims to have sent his at the same time. I called Nominet today, they've received my paperwork but not his.

I e-mailed the buyer, saying I'd surrender the domain if he didn't e-mail the paperwork to Nominet tomorrow. He said if I did that, he'd want his money back, and I guess he'd be entitled to it, even though I'd end up without the domain OR the money...

Then it hit me, could the scam be this: Coerce me into surrendering the domain and refunding his money, so he can snap it up on the open market for a nominal registration fee.

Sound feasible? If so, what can I do?!

There should only be ONE set of paperwork: in 3 basic parts.

1. The transfer forms filled in by you parts 1-4 & him 5-10. Both signatures.
2. Your confirmation letter & proof of ID, signed.
3. His acceptance letter, signed.

Ideally you fill in your bits, send them on to him to fill in his sections and he forwards them onto Nominet.

I'm certainly confused why this is going on so long, and why he is reluctant to be the new registrant (not owner...). Depending on how his business is set up it doesn't have to be his personal name, but if not must be a legal entity.

I'd also suggest you get Nominet to call/email him with the reasons & way forward.

And no money back, no surrendering. Just sort it.

S

 

[tifosi]

... as I'm still the registered owner of the domain, can I change the tag back to my registrar and regain control of the domain? If so, do I have to go through Nominet or can my registrar do this?

If you've changed IPSTAG (now registrar) then no, not without direct intervention by nominet.

Never change a tag without payment. Though Nominet in their infinite wisdom slipped this into the new transfer system during the upgrade.

S

 

[zic]

But I could regain control of the domain by having Nominet change the IPS tag back to my registrar?

I've been paid, but as I said, I fear he may be trying to coax me into surrendering the domain AND giving him his money back, so he can go and register it for peanuts.

Perhaps I could have Nominet change the tag back to my registrar, then have the buyer fill out the "new tag" section of the transfer form to get his site back online - might force him to get his act together!

 

[monaghan]

If the domain would be good to sell again, then I'd pay the £10 to nominet to re-tag it, refund the buyer and pop it up for sale again, but put a clause in your next sale to prevent this happening again.