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Selling a domain twice

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I sent him an email at the time and in the subject I put in capitals domain transfer sent.

I have the Nominet time out transfer that came 5 days afterwards, almost 12 months ago now.

The reason I asked, is that it is your responsibility as the seller to ensure the product (domain) is delivered to the buyer.

Now, if he's only ever brought .com before, we all know that these come with a push into an account. If the buyer wasn't aware he had to do more to complete the purchase, that would count in his favour. 'DOMAIN TRANSFER SENT' says to me that the transfer has been sent, not YOU NEED TO ACTION THIS IN THE NEXT 5 DAYS.

As you have the Nominet time out email, you should have dealt with this issue then. Contacted the buyer, asked what was happening, and why they haven't completed. As I said above, as the seller, you are responsible for delivery. Had buyer not responded, and you refunded, then sold on again, everything would be fine and dandy.

However, despite being told that the transfer hadn't gone through, the domain was sold to a 3rd person. See what I'm saying here?

I'm diggin through my bookmarks looking for one that was related to something similar with a digital delivery on the old distance selling regs (presume UK buyer and deal done on phone / t'internet). When I find it I'll post it.
 
Have you tried offering the 2nd buyer upto the £500 for the domain. If they sell for say £400 at least you've still got some profit. (£150 + £100)
 
Have you tried offering the 2nd buyer upto the £500 for the domain. If they sell for say £400 at least you've still got some profit. (£150 + £100)

I have emailed him Mally to ask if I could buy it back but not had a reply back.
 
I didnt understand at first what you meant, but can you not see that i will be at a loss of £350?

I know what you are getting at, but assuming the domain had no initial value (apart from the basic renewals etc) then you are still in profit by £150.

Ultimately you made a mistake I doubt you'll make again.
 
Ultimately you made a mistake I doubt you'll make again.

Exactly, I need to implent something so this does not happen again, its actually never happened before in 13 years trading domains which i why i was asking for some advice.
 
This might help for the future...

What we do is change the landing page as soon as we get paid so that the domain shows "sale pending" rather than "for sale". I always type in the domain (and whois it) before issuing a new invoice to double check that A) we own it and B) it's not already been sold.

We then change the landing page setting after the transfer goes through so that until the buyer changes the NS away from ours it says (slightly paraphrased) "If you purchased this domain name from us you need to change your nameservers away from ours for this page to go away."

Each of the above setting changes take 30s max - add a domain to an IF...THEN statement and take it out of a different statement. I figure it's worth spending a minute to lower our overall hassle.
 
Thanks for all the help, all done and dusted the original buyer now has a full refund and 4x domains free of charge.

I am going to get my coder to implement changes to the system asap.
 
The first buyer didn't fulfill the contract by completing the transfer, just tell him that and give him his money back.

Did Seans T&C's say you need to complete within a week or similar?

If not then I think that excuse may not fly. I would assume the first buyer did fulfil the terms of the contract, by paying.

I would be trying to buy the domain back from the new buyer as if he'll sell you potentially limit the lost profit on the deal. Plus you eliminate any risk of legal issues as everyone got what they wanted.

If the original buyer says he can only find an equal domain for £3000 elsewhere you could find he ends up chasing you for the difference :D
 
Thanks for all the help, all done and dusted the original buyer now has a full refund and 4x domains free of charge.

I am going to get my coder to implement changes to the system asap.

All's well that ends well! :) Not so bad for selling someone else's domain ... lol!
 
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