Buy Domain Services wants my domain - I changed my mind, they make legal threats.

[dscurlock]

What is the name of your state (only U.S. law)? AL

2-3 months back I listed my domain with xyz domain service to sell my domain, well since I got no updates from them, I long forgot about them, and changed my mind about selling, and now the forum is under-way...

They send me this email saying your domain has been sold.

I send them email saying I changed my mind.

So lets skip and jump through 5-6 more emails...

now they are threatening me with legal action if I do not
make finalize the transfer and complete the process...

Because you are under a binding contract...every other email that
I have gotten, they have quote some type of legal claim, then again, I do not ever recall sitting down with the other party with a team of lawyers going through what they call a "binding contract" I guess they can call it whatever they wish, so if they with to call it a binding agreement, contract, then so be it.

So basically xyz company and client is threatening me with legal action if I do not finalize the transaction on a domain they do not own, never did, and over $150 commission that xyz company would receive.

This is absurd; I have bought $1,000's in domains from xyz company, and they want to toss this out the window over some internet deal that was done months ago over $150 commission.

xyz company acts like I have committed a $10 million dollar crime simply because I changed my mind, their only gain is $150 commission.

Last I heard this was a free country...

If they take legal action, then what are the damages?
suing for a domain they never owned, and over $150 commission?

So how can you sue for something you never owned?

What do you guys think?

 

[TheGeekess]

Since the contract was not cancelled, then finalize the transfer of the domain.

 

[swalsh411]

This is pretty straightforward. You entered into an agreement with another party and both are bound by the terms of the agreement. Do you really think "I forgot all about it" is going to work?

Can they sue to enforce the terms of the contract or recover damages? Yes. Will they? Maybe.

edit: One other thing. They have more at stake here then their $150 commission. They also have their reputation on the line because they (in good faith) represented a certain domain as available for sale and then unbeknownst to them the buyer (you) changed his mind. Now they look like fools to their client who wants to buy your domain. (the domain you have agreed to sell).

 

[Antigone*]

What is the name of your state (only U.S. law)? AL

2-3 months back I listed my domain with xyz domain service to sell my domain, well since I got no updates from them, I long forgot about them, and changed my mind about selling, and now the forum is under-way...

They send me this email saying your domain has been sold.

I send them email saying I changed my mind.

So lets skip and jump through 5-6 more emails...

now they are threatening me with legal action if I do not
make finalize the transfer and complete the process...

Because you are under a binding contract...every other email that
I have gotten, they have quote some type of legal claim, then again, I do not ever recall sitting down with the other party with a team of lawyers going through what they call a "binding contract" I guess they can call it whatever they wish, so if they with to call it a binding agreement, contract, then so be it.

So basically xyz company and client is threatening me with legal action if I do not finalize the transaction on a domain they do not own, never did, and over $150 commission that xyz company would receive.

This is absurd; I have bought $1,000's in domains from xyz company, and they want to toss this out the window over some internet deal that was done months ago over $150 commission.

xyz company acts like I have committed a $10 million dollar crime simply because I changed my mind, their only gain is $150 commission.

Last I heard this was a free country...

If they take legal action, then what are the damages?
suing for a domain they never owned, and over $150 commission?

So how can you sue for something you never owned?

What do you guys think?

It looks to me like the elements of a valid contract are present. "I changed my mind" was not part of the agreement, was it?

Live up to your agreement.

 

[dscurlock]

It looks to me like the elements of a valid contract are present. "I changed my mind" was not part of the agreement, was it?

Live up to your agreement.

If we all lived up to our agreements, then there would be no need for debt collectors...

This isnt some slander case, so how to present a value on their reputation?

If if entered into a contract with an apartment, and violated the terms, and ended up in small claims...do you think the apartment will be awarded millions of dollars because they have a reputation to uphold? that is not how it works, at best they get their award of what you owe them plus court costs...

In this case, what do I really owe? a domain that really does not have a value so that a company can keep their rep in tact to their client? So how do you place a value on something so intangible?

is the company and their client willing to spend $1,000s to come to my area so they can start a dispute in the court system? most creditors do not even go this far, not even for debt that runs $90,000. Are they willing to go through all this for no-recop on a low value domain just to save their rep?

Seems to be over-reaching...

I do not dispute the agreement that I did not read with my lawyer, I was not advised of anything other then text over the internet that no body reads, as I think a true "binding agreement" would require all parties and attorneys to sign off on...(in person, together)

I am more pissed off over the strong arm tactics that they use, pretty much the same as creditors today, and if you are going to be the first to cast the first stone, then tell me someone on this forum that may not be in debt collection...? Why should they not pay their debt?

I do not like being harassed. I do not like being bullied, much less threatened.

If we all did this this according to that, then it would be a perfect world.

The burden of proof would be on them.

and this would be a lot to prove.

They would have to prove actual damages; no court would ever award company $$$$
based on "we have a rep to with-hold" so the burden of proof would be on them, and a burden it would be...

and just because it was some online internet agreement does not make it a win-win for them either.
Because if it was that easy, simple, non-complex, then our courts would not be backed up for years on end.

 

[dscurlock]

It looks to me like the elements of a valid contract are present. "I changed my mind" was not part of the agreement, was it?

Do i live in a communist country or something?

any ethical contract should have some type of escape clause, but I am not going to get into that...

How many people have run through this forum and at one time or another cancelled their cell phone agreement 3 months into their service? Why did you cancel? You had an agreement/contract? Dont phone carriers have reps to uphold? well, maybe you changed your mind...maybe you contacted 5 other friends and told them the phone carrier sucks...(maybe it did) but you were still under contract anyway.. How much damage did you cause the company? Can they really prove that you caused them manage because you left and told 5 friends to stay-away? Did you pay them millions in compensation because you hurt their rep? I doubt it, you may have paid some pro-rated fee, and if you did not pay, then they sent you to collections, and even they had some type of cancellation clause...

What unethical company would write such an agreement/contract that does not provide some type of escape or cancellation?

Let me guess, a service that buys and sells domains....

 

[Mass_Shyster]

any ethical contract should have some type of escape clause,

That pretty much defeats the whole purpose of a contract, doesn't it?

 

[dscurlock]

let me tell you a story. 2-3 years ago, i bought domains through a domain register, one day, I accidently renewed a domain that I had
no intention of renewing, I told them, i accidently renewed a domain that I did not want to keep, so rather then reversing the charge, and
take the domain back off the list, they said we have a rep to uphold, and we are greedy. I do not think to this day, that they have realized
that I have never renewed another domain with them, as I slowly transferred them to other registers, their greed for that $8 did them more
harm then you could ever imagine, as they lost $1000's in future revenue, and I buy a lot of domains, but at least they honored their reputation....

and no different in this case, their client may go away sad that he did not get the domain, then again, he may never order from them
again, or he may tell 10 other people to stay away because they could not honor their agreement; its not what you think you know, it
is what you can prove; On the other hand, I am more furious then their actual client, i too have gotten $1000's of dollars in domains
from them; you are right, their rep is damaged, can they sue me for never buying from them again? Can they sue me for telling 10
other people they suck because of their creditor like bad internet practices where they harass buyers or even sellers?

There is a time to fight; common sense should tell these people that this is not one of those times.
Because when you start a fight like this, then it gets out on the internet, then makes you look bad.

I know the truth about this company now...

I know their true face now...

 

[dscurlock]

That pretty much defeats the whole purpose of a contract, doesn't it?

I suppose it does.

a one-way contract that only serves to benefit them.

thats why I called it an unethical contract.

and this is why it would be important to have both parties present, along
with their attornies, anything less, I do not think you can really call it
a true "binding contract"

 

[swalsh411]

Allow me to summarize for you.

1. You entered into an agreement
2. You are bound by the terms of that agreement.

If they sue you, and the facts as you have presented them are true, you will lose. As has been very plainly stated before, “I forgot” is not sufficient grounds to be let out of a contract.

All your other rants, opinion and, philosophizing are irrelevant. The Judge won't care.

 

[dscurlock]

Allow me to summarize for you.

1. You entered into an agreement
2. You are bound by the terms of that agreement.

If they sue you, and the facts as you have presented them are true, you will lose. As has been very plainly stated before, “I forgot” is not sufficient grounds to be let out of a contract.

All your other rants, opinion and, philosophizing are irrelevant. The Judge won't care.

It would not be me talking to the judge.

You guys assume alot.

These type of contracts would vary from state to state.

and dude, for god sakes, this is not a criminal case....

I have $25k collection on vehicles; hell, they cant get me in a court
room, and you really think a judge would see this..? please...

an agreement was made, but I also made it verbal that
the domain was no longer forsale...

what ever you think is irrelevant, a decent attorney
would say otherwise, or we would have no need for atty's.

I can not tell you how many times i have been found guilty
of something and ended up in court, and going home scott
free because I had a decent attorney.

I was clearly guilty, then why did I go home scott free?
(There is always a loophole, always...)

you can argue, be pissed off, whatever...
nothing is ever as it seems....

 

[sandyclaus]

I call troll....

Either that or a fool who thinks he can get away with anything they want. Of course, when he gets caught and held accountable, I'll bet he will be right back here bitching about it again...

 

[dscurlock]

I call troll....

Either that or a fool who thinks he can get away with anything they want. Of course, when he gets caught and held accountable, I'll bet he will be right back here bitching about it again...

??

This is not even about an agreement anymore, it does not matter "if I forgot" or "if I changed" my mind, or the threats they would release my private into if I did ot buy, hell, no judge would find that interesting, would they?

but would they spend $1000's to pursue a low value domain. This would cause them more financial harm then what would they would ever re-coup.

contract or not, you can not force anyone to do anything. Just because someone wins in civil (if they win) does not mean they will ever get anything.

I find it interesting, even if you dont...

sorry...

 

[swalsh411]

You're obviously here to just rant and rave hoping some other person who also doesn't understand what a contract is will show up and agree with you. You have been given legally correct advice and I am done trying to help you.

 

[davew128]

I find it interesting that someone who harps about an ethical escape clause refuses to honor a contract they entered into willingly and in good faith because they "forgot". Ethics for thee but not for me it seems.