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LennonNZ

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#80660 2-Apr-2011 10:02
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I've sold domain names in the past but have a little problem this time.

Someone contacted me about 6 months ago and wanted one of my domain names.. and I said yes and they paid for it and I received the money in my bank account. I send them all the details including UDAI etc and offered to change the domain name into their name and asked for details.. but since then after lots of emails to their email address.. they don't seem to reply. No response from them at all.

So what do I do? They offered me money.. I accepted it they paid me and I emailed them the details so legally its theirs as they have been sent all the details but they have disappeared off the face of the earth. 

So.. now they own the domain name so I shouldn't pay for the registration every month for it ,but if I don't the domain name will go into pending release and under 3 months it will cancel and someone else will get it.

Suggestions? Ideas? If they come back in another 6 months time and I decided not to pay for it anymore and someone else has the domain name.




 

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freitasm
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  #454459 2-Apr-2011 10:12
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If you have kept the email you sent to them, and other contacts afterwards, then it's their problem. Let it expire.

Do you have an address you could post the details and be done with it?





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LennonNZ

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  #454466 2-Apr-2011 10:39
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I only have a name and an email address. Neither find anything on google. The $$ is quite a bit (as the domain name is quite a good one) and I don't want them to come back and ask for the $$ back.

Anyway.. I believe I am in the right. I have all the emails sent and they have not emailed me and none of them bounced so its their problem now. Domain will not be renewed by me..



oldmaknz
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  #454472 2-Apr-2011 11:01

Quite a sticky situation. If you've sent them the details of the domain (what I would consider completing the transaction) and you've received the money, it's a done deal with nothing to worry about.



gzt

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  #454474 2-Apr-2011 11:07
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I agree. In addition you could:
- offer to manage it for them - maybe they are just incapable or lack knowledge.
- set the renewal reminder address to their address
- if you have some trust in them, you could renew it and invoice them + a service charge

alasta
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  #454492 2-Apr-2011 11:49
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Personally if I were in that situation then I would be inclined to renew it for another year to avoid things getting messy, because the cost will be minimal if you're with a low cost registrar.

That said, I agree with the others that you shouldn't feel obligated to do so. Just make sure that you cover your back by sending and retaining some written correspondence to the buyer to notify them of the consequences of the pending expiry. 

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  #454495 2-Apr-2011 12:04
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I would do as follows:
a) Renew it
b) If the buyer makes contact again within a resonable period then they will need to pay for renewal fees before you hand it over (you'll need to reset the UDAI)
c) If the buyer doesn't make contact again wihtin a reasonable period then you can onsell it (If it's really valuable I'd seek legal advice about how long you'd need to wait). Even if you wait a few years before doing this the domain name should increase in value so shouldn't be out of pocket.

By a big amount paid for it do you mean $500, $5000 or more?




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freitasm
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  #454496 2-Apr-2011 12:06
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Youy could't possibly sell it a second time, seeing it's not yours anymore...






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robbyp
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  #454498 2-Apr-2011 12:17

LennonNZ: I've sold domain names in the past but have a little problem this time.

Someone contacted me about 6 months ago and wanted one of my domain names.. and I said yes and they paid for it and I received the money in my bank account. I send them all the details including UDAI etc and offered to change the domain name into their name and asked for details.. but since then after lots of emails to their email address.. they don't seem to reply. No response from them at all.

So what do I do? They offered me money.. I accepted it they paid me and I emailed them the details so legally its theirs as they have been sent all the details but they have disappeared off the face of the earth. 

So.. now they own the domain name so I shouldn't pay for the registration every month for it ,but if I don't the domain name will go into pending release and under 3 months it will cancel and someone else will get it.

Suggestions? Ideas? If they come back in another 6 months time and I decided not to pay for it anymore and someone else has the domain name.




 



The main question that should be asked, is has the domain 'registrants'   name been switched from you to their name yet. If not you are still the registered owner of that domain. Under the NZ domain rules, the domain owner must make sure all their contact details associated with the domain are correct. If you sold the domain you should also have their address and phone number in order to make the ownership change, and usually you have to fax a change of domain ownership to the registrar. The lesson is you probably should have got all those details before accepting payment.


If they have paid you for the name, just renew it and deduct that from the amount you have been paid. Then if/when they do contact you you can ask them to reimburse you.   I think there is a time limit under law somewhere that has a maximum time period a seller will hang onto unclaimed goods. But you may just want to keep renewing it until you have exhausted the funds they have paid you.

paulspain
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  #454504 2-Apr-2011 12:34
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I agree with Robbyp - if it's not claimed with an appropriate amount of time (you'll need to seek advice) you will be within your rights to dispose of it.

Dry cleaning firms, event venues (and others) do this sort of stuff all the time. If someone else's property - be it an Armani suit, camera or whatever is left for a particular amount of time they will sell it.




Paul Spain
Founder: Gorilla Technology, NZ Tech Podcast


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