I was in the same situation recently. Below is transcript of my conversation with SEDO which illustrates their position on this. (My comments blue & SEDO responses red.) I particularly like their "let sleeping dogs lie" comment...easy to say when it's my £xxxx on the table!
As you know .co.uk domains now come with the right to register the .uk equivalent. Please get the seller to confirm the sale of [domain].co.uk includes the right to the .uk and forward me confirmation. (At todays date they have not registered the .uk so the 'right to register' is still attached to the .co.uk >> I need to be sure they will not exercise this right before I have the domain under my control.) I soon as I have this written confirmation, I will send payment.
Please note that the .uk is not included in the contract from Sedo. The transfer is only for the domain [domain].co.uk. We can´t even force the seller not to register the .uk domain as this is something with Nominet and not with Sedo. I don´t know if the seller already knows that you can only register the .uk domain when you have the .co.uk as well. For my opinion we should let sleeping dogs lie. So please tell me if I still should ask the seller about a written confirmation. Please note that even if he is not giving that to you, this is a legal binding contract and you have to pay for the domain. If not and this will mean we have to cancel the transaction, you will be charged the commission and the seller will be able to take legal steps against you.
Rene, please do not threaten me...I am trying to help us avoid a situation where I would be forced to initiate legal action against SEDO! SEDO (Dildeep) posted on Acorn Domains the following comment in relation to concerns about this exact situation "Sedo expects the seller to transfer the domain in question with any associated rights that may pertain to the domain at the point of sale". Perform a Nominet lookup, you will see the "right of registration" is still associated with [domain].co.uk at 11.57 on 24th July 2014 I made an offer for [domain].co.uk specifically because "at the point of sale" this particular domain holds the "associated rights" the SEDO statement above refers to. You MUST get written confirmation from the seller for this particular sale to proceed and keep your fingers crossed he/she agrees. I also suggest you communicate to Management that SEDO must quickly define and communicate a clear, consistent policy in relation to .co.uk/.uk or risk losing the .co.uk marketplace for good.
Glenn, I don´t want to threaten you. All I am saying is that we do not have anything to do with the terms and conditions at Nominet. Like I said, this transaction is only about [domain].co.uk and does not include the [domain].uk. And this is why you can´t take legal actions against Sedo as you have agreed to our terms and conditions by buying this domain on our marketplace. So if you want me to ask the seller about something written regarding not registering the .uk domain, please set up something like a contract, load it up here in your transfer center and I will forward it to the seller. This is all I can offer you.
Please tell me which paragraph of your terms and conditions deals with "associated rights" in relation to .co.uk/.uk? As you are well aware, this is not covered in your T&C. So I refer you once again to SEDO's statement on Acorn Domains. "Sedo expects the seller to transfer the domain in question with any associated rights that may pertain to the domain at the point of sale".
Like you said, there are no T&C in relation to .co.uk/.uk domains and there "associated rights". The statement you are talking about was only for our special .co.uk Auction, we had some weeks ago. But this doesn´t affect this transaction as it wasn´t part of the auction. I will now ask the seller for a written confirmation and will inform you once he got back to me.
Here is the message from the seller:
"Thanks, understood. Yes, I confirm that I will not register [domain].uk”
