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  1. #1
    Join Date
    Apr 2008
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    Sold a Domain, Buyer didn't Take It

    I sold a domain and a website 3 years ago. I transferred the domain and site to the buyer at the time. I received payment. Then about a year later I get a flood of emails on the site saying it was down and I found out the domain had expired! I renewed the domain and have kept the site ever since. The company that bought it put ads all over the place. I have left their ads up on the site. Now it has almost been 3 years and the company has come to me saying "Woops, looks like we never finalized the transfer!".

    What would you do?

  2. #2
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    You shouldn't have waited 2-3 years to address this with them... you sold the domain, so that's theirs...
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  3. #3
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    Apr 2010
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    Quote Originally Posted by trustedurl.com View Post
    You shouldn't have waited 2-3 years to address this with them... you sold the domain, so that's theirs...
    I second that!
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  4. #4
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    May 2006
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    Give the domain back.. see if they're willing to compensate you for the renewal though.
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  5. #5
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    Apr 2008
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    Good advice. I will do just that. I have no means to backstab or anything, it is just a weird situation.

  6. #6
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    I don't think it is so clean cut.
    If they let it drop and you re registered it surely it is your domain again.
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  7. #7
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    Apr 2008
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    Quote Originally Posted by ethix View Post
    I don't think it is so clean cut.
    If they let it drop and you re registered it surely it is your domain again.
    I just checked on hosterstats and it appears that the domain was not dropped. It did expire for a couple of weeks and the site went down. At that point I renewed it, obviously before it was completely dropped.

  8. #8
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    Jul 2006
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    So you still had full control of the domain?
    If so then I guess that is different you should have made sure the transfer went through.
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  9. #9
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    Jun 2011
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    Quote Originally Posted by sammyman View Post
    I renewed the domain and have kept the site ever since.
    Chill!!!...if you own the domain currently and if you are the legal owner and not transferred any of the rights to them then your really lucky

    Is that domain and site more useful to you or them?? If its more useful to them then you can give it to them and charge them and also charge them for the adds they have been placing for the 3 years. Try to take proper decisions that are suitable to the situation. If the site and domain is more useful and valuable to you than them, then you better forget about it.

    But my opinion is for you to take it cool and calm and tackle it just forget about the past and make sure you dont do the same mistake in the future and make sure you do charge them.

    Good Luck!
    Uzi

  10. #10
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    Apr 2008
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    Quote Originally Posted by ethix View Post
    So you still had full control of the domain?
    If so then I guess that is different you should have made sure the transfer went through.
    It appears I always had control, yes. I gave them all the information and transfer keys but they never finalized it and took possession of it.

  11. #11
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    Apr 2008
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    Quote Originally Posted by Uzii View Post
    Chill!!!...if you own the domain currently and if you are the legal owner and not transferred any of the rights to them then your really lucky

    Is that domain and site more useful to you or them?? If its more useful to them then you can give it to them and charge them and also charge them for the adds they have been placing for the 3 years. Try to take proper decisions that are suitable to the situation. If the site and domain is more useful and valuable to you than them, then you better forget about it.

    But my opinion is for you to take it cool and calm and tackle it just forget about the past and make sure you dont do the same mistake in the future and make sure you do charge them.

    Good Luck!
    Uzi
    I do currently own the domain. The contract I signed didn't say much about rights. It said I would receive full payment AFTER the domain was transferred.

    The domain is somewhat useful to me, because even though they have their ads on it, I currently have google ads of around $500/month from the site. So obviously I appreciate that. I never removed any of their ads, so the still have a majority of the adspace.

  12. #12
    Charge them for the renewal(and any fees you had), and give it to them. That would be the honest thing to do..
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  13. #13
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    Apr 2008
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    Quote Originally Posted by VicToMeyeZR View Post
    Charge them for the renewal(and any fees you had), and give it to them. That would be the honest thing to do..
    That is probably my path of action. What would be the dishonest thing to do? I really won't go that route because I don't like getting sued and honestly it isn't worth it for me. But I am curious of what they can do at this point, and what I can do if I wanted to be mean.

    Legally are they out of luck if I wanted to be a jerk given the time passed and the fact that they never finalized the transfer of the domain?

  14. #14
    Join Date
    Jun 2011
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    Quote Originally Posted by sammyman View Post
    I do currently own the domain. The contract I signed didn't say much about rights. It said I would receive full payment AFTER the domain was transferred.

    The domain is somewhat useful to me, because even though they have their ads on it, I currently have google ads of around $500/month from the site. So obviously I appreciate that. I never removed any of their ads, so the still have a majority of the adspace.
    Ok so have a change of plans see you already enjoy the benefits of owning the domain..you have your own adds and you earn an income..what do you personall think would you get more if you give the domain or would you get more if you keep the domain?? either way id suggest you to just charge them for the adds they place..dont you think thats a better idea??? you will have to consider the OPPORTUNITY COST...i hope i helped you

    Uzi

  15. #15
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    Jun 2011
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    Quote Originally Posted by sammyman View Post
    Legally are they out of luck if I wanted to be a jerk given the time passed and the fact that they never finalized the transfer of the domain?
    As long as you had no particular contract saying that this domain and site is theirs for ever they have no luck and it is also their part their fault for not finalizing the transfer. As the provider you also should have the right to terminate your contract at anytime for a valid reason....but you can be in trouble if you had charged them during the period of time for which the tansfer has not been finalized...and you didnt do that right?

  16. #16
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    Apr 2008
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    Quote Originally Posted by Uzii View Post
    As long as you had no particular contract saying that this domain and site is theirs for ever they have no luck and it is also their part their fault for not finalizing the transfer. As the provider you also should have the right to terminate your contract at anytime for a valid reason....but you can be in trouble if you had charged them during the period of time for which the tansfer has not been finalized...and you didnt do that right?
    Good point. So the timeline is as such. I received a down payment, I initiated the transfer and signed a contract, then I received full payment when they received confirmation that I had transferred the site.

    So I have been paid in full for the site. I did not charge them anything else except for what we had agreed upon.

    My guess is if I want to keep the site, I refund them the money. Otherwise I transfer it to them. I can't really see how it could be legal to keep the full payment and the site.

  17. #17
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    Jun 2011
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    The appropriate and most suitable action for you to take as soon as possible is refund them the money explaining them the situation, but this doesn't have to be a full refund, you can refund them a fair and reasonable amount deducting the expenses of advertising and them using the site although they havent finalized the transfer. Spending money is better than being sued arent i right?? But you dont have any need to let them have the site..and make sure you send them in written consent that your refunding this particular money as the transfer wasnt finalized and have charged so and so for this particular reason..and make sure you have a copy of what youve sent..be proactive than being reactive..i hope ive helped you...i can help you further if you can give more information on your contract and its terms

  18. #18
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    Ohio
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    I would just ask them why they have taken so long to attempt to get the domain they purchased. I mean if something is valuable to you, and you need/want it are you really going to let it lapse for 2-3 years?

    If you want to keep the domain the only thing you need to do is tell them you will refund a portion of their payment, and be done with it. It's really kind of weird that you just now noticed that it's still in your possession.. I mean do you have hundreds of domains? How did you not see it somewhere where it's hosted at? Are you paying for the hosting, or are they? Also, if you have Google ads there for $500.00 a month are you honestly saying you didn't know where you were getting $500.00/month?

    PS: I think if they wanted to they could sue you if you don't refund their money, or come to some outside agreement. I'm no lawyer, but it seems like this could be somewhat of a kind of neglience case.

  19. #19
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    Apr 2008
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    Quote Originally Posted by bluemer View Post
    I would just ask them why they have taken so long to attempt to get the domain they purchased. I mean if something is valuable to you, and you need/want it are you really going to let it lapse for 2-3 years?

    If you want to keep the domain the only thing you need to do is tell them you will refund a portion of their payment, and be done with it. It's really kind of weird that you just now noticed that it's still in your possession.. I mean do you have hundreds of domains? How did you not see it somewhere where it's hosted at? Are you paying for the hosting, or are they? Also, if you have Google ads there for $500.00 a month are you honestly saying you didn't know where you were getting $500.00/month?

    PS: I think if they wanted to they could sue you if you don't refund their money, or come to some outside agreement. I'm no lawyer, but it seems like this could be somewhat of a kind of neglience case.
    I knew I was getting the $500 a month. I just laughed at the thought that they didn't update their code. The ads were from the archives and google ads in the posts. They just had ads in the header and footer.

    I really didn't realize they had neglected the site until it was down for about a week and I got emails from users asking why the site was down. THAT is when I noticed they dropped the ball.

  20. #20
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    Jan 2011
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    Ohio
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    That doesn't make sense. If your making $500.00 a month off a domain someone purchased from you, and you acknowledge you were making that, and that you realized where it was coming from, and you sold the domain, and website 3 years ago then that doesn't sound very honest. I mean technically yes you could do it, but it's not very honest.

  21. #21
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    Apr 2008
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    Quote Originally Posted by bluemer View Post
    That doesn't make sense. If your making $500.00 a month off a domain someone purchased from you, and you acknowledge you were making that, and that you realized where it was coming from, and you sold the domain, and website 3 years ago then that doesn't sound very honest. I mean technically yes you could do it, but it's not very honest.
    Technically I could do what? What is not honest? The fact that I didn't ask for their google account info and input it for them into all the ads? That is on them.

  22. #22
    Join Date
    May 2008
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    Melbourne, Australia
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    From understanding, the domain was never "dropped/deleted" therefore the rights are still under the old users details, you "chose" to renew it at your leisure without first consulting the owners and as they have now come back to pick it up because they "forgot" to renew it seems that they have every right to reattain it's use.

    Personally, I would just hand it over and settle it - no need to make yourself look bad over a domain you never really owned.
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  23. #23
    Quote Originally Posted by Sparrow-Sean View Post
    therefore the rights are still under the old users details
    This is the part that's rather confusing me here inspite of reading this thread 3x. Has the domain name's ownership details ever changed to that of the new owner up until it expired back then, OP?

  24. #24
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    Oct 2010
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    You can be a scum sucking dirt bag lawyer, or you can just transfer the domain and request the money you lost by renewing the domain for them.
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