20i Reseller Hosting

.uk transfer issue

Discussion in 'Sedo' started by bonusmedia, Nov 19, 2014.

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  1. bonusmedia United Kingdom

    bonusmedia Well-Known Member

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    I've had an offer accepted for a .co.uk on Sedo, but the owner is trying to pull a fast one and they've just registered the .uk.

    Thankfully I haven't paid yet.

    The 'transfer specialist' did not understand this at first and referred me to Nominet but hopefully I've made myself clear and they are now contacting the seller.

    It's a mid £xxxx sale so things could potentially get nasty...
     
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. tifosi United Kingdom

    tifosi Well-Known Member

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    No doubt sedo will start demanding their commission...
     
  4. bonusmedia United Kingdom

    bonusmedia Well-Known Member

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    As far as I'm concerned the deal is done and I want my domain with .uk rights as it was offered. Since that's not possible now I want the .uk transferred.

    If that doesn't happen there is a breach of contract.
     
  5. foz

    foz Well-Known Member Exclusive Member

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    If the sales contract through Sedo doesn't specifically mention a .uk or rights to it, then this is your problem. Messy.
     
  6. bonusmedia United Kingdom

    bonusmedia Well-Known Member

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    Thanks - I actually have that email and I quoted it to them.

    I'd like to say more but I will wait and see what the response is first.
     
  7. ian

    ian Well-Known Member

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    As far as my opinion goes, if the .co.uk had rights to the .uk at the time of the purchase, i.e. the .uk hadn't been registered, then the rights go with the .co.uk. If the seller has since registered the .uk in an attempt to retain it, then they are in breach of contract and will need to transfer it.
     
  8. Retired_Member38

    Retired_Member38 Banned

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    When exactly is the point of purchase ?

    If its when the seller accepts the offer then its going to get extremely messy if you bid on a .co.uk with the .uk not activated yet. And the seller then registers the .uk and logs into Sedo and immediately accepts your offer.
     
  9. ian

    ian Well-Known Member

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    Well, either when the domain is put up for sale or an offer is accepted, it doesn't matter, if the .uk isn't registered at that point, rights go with the .co.uk. As a clued up buyer, it would be prudent to take a photograph/screenshot of the .uk still remaining unregistered. All very messy though I do agree.
     
  10. Retired_Member42

    Retired_Member42 Retired Member

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    Having an offer accepted doesn't mean the .co.uk has a new owner. It's just one step of a multistep sales process. The .co.uk owner has rights to reg the .uk right up until the point the .co.uk is transferred and the registrant changed. If no deal was in place for both the .co.uk and .uk domains then the purchase was just for the .co.uk as advertised. What you think/assume or expect of the seller doesn't come into it.
     
  11. ian

    ian Well-Known Member

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    Unless mistaken, as I've not read the Sedo terms of use, an offer is legally binding in the same way as accepting said offer is too; therefore .uk 'rights' are carried with the .co.uk assuming not already registered. I'd suggest in a court of law, this would be accurate. Just my opinion.
     
  12. Retired_Member42

    Retired_Member42 Retired Member

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    The offer is legally binding as far as going ahead with the purchase goes but making an offer and having it accepted does not make you the legal owner of the domain - what if you have an offer accepted and you don't pay? Are you the owner? Of course not...

    My point is that yes, .co.uk have right of registration of the .uk but the seller still owns the .co.uk as far as Nominet are concerned - regardless as to what has been agreed on Sedo. From Nominets standpoint, the registrant is the owner of the domain and whoever is that registrant at that time has the rights to the .uk domain. Unless Sedo specifically have some language in their terms that states the rights to the .uk registration must be passed with the .co.uk I really don't see any legal issue.
     
    Last edited: Nov 19, 2014
  13. cm1975 United Kingdom

    cm1975 Well-Known Member

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    As the person who was involved in the last time this was raise on here, I can only hope it's as easily resolved as mine!

    Good luck!
     
  14. archibel Spain

    archibel Active Member

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    I've been in the same position earlier this year...there is a thread if you can be bothered to find it. But basically:

    SEDO T&C are silent on the .co.uk/.uk issue
    Their position is you entered into a contract to buy the .co.uk only
    They will threaten you to pay for the domain...not just their commission

    I would threaten to walk away and hope the risk of losing £xxxx is enough to convince the seller to include it.

    I would never normally advocate walking away from a contract, but SEDO are negligent in not addressing this issue sooner and your seller is taking advantage of the situation.
     
    Last edited: Nov 19, 2014
  15. stellar73 United Kingdom

    stellar73 Active Member

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    If Sedo have given advice (albeit to another member) that .uk rights should be included then I can't see how they can contradict this position now and force you to pay for "lost" commission, particularly if you specifically state you were acting on that belief.

    Agree totally that they are the ones being negligent here though. For an issue that is so fundamental to their business it's ridiculous that they've not clarified their position in t&c's on their site, particularly when there's obvious logic in both the contradictory assumptions people are making. Can't expect all buyers and sellers to be legal experts!
     
  16. diablo

    diablo Well-Known Member

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    Who is the seller?
     
  17. bonusmedia United Kingdom

    bonusmedia Well-Known Member

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    Seller is a fairly big domain investment company. They have an account here but it was only fair to give them a chance to resolve it before saying who.

    Thankfully Sedo have been supportive and the seller has now confirmed .uk will be included. I'm sending payment today, hopefully this can now be wrapped up smoothly.
     
  18. scooter United Kingdom

    scooter Well-Known Member

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    That's two times out of 3 the sleazy person/company is a member here :rolleyes:

    Nice!




    .
     
  19. cm1975 United Kingdom

    cm1975 Well-Known Member

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    I don't know if I'm being blinkered in my opinion, as I have had a similar experience, but is there any reason for registering the .UK domain after selling the .CO.UK other than to keep it?

    There is a cost of registering the .UK domain, so I see no reason why the seller would want to incur this.

    If the .UK domain is transferred, then the buyer would incur the renewal costs of the .UK domain, which they would not necessarily wish until the 5 year period has expired.

    Would be interesting to hear who the seller was.
     
  20. bonusmedia United Kingdom

    bonusmedia Well-Known Member

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    Both domains now transferred.

    Thanks to Sedo who were actually helpful for once - although they really need to get this clarified in their terms ASAP.
     
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