What to do if buyer pays but ignores transfer paperwork?

[keys]

Someone sold a useful (but not high value) domain three years ago. Despite receiving transfer paperwork and reminders the buyer ignored it and has since moved, new contact details unknown.

A small business trading under the same name is now keen to acquire the domain, but hindered by the above circumstances. Is there an easy way to resolve this?

 

[Hazel Pegg]

Someone sold a useful (but not high value) domain three years ago. Despite receiving transfer paperwork and reminders the buyer ignored it and has since moved, new contact details unknown.

A small business trading under the same name is now keen to acquire the domain, but hindered by the above circumstances. Is there an easy way to resolve this?

If the buyer never completed the paperwork then the domain is still registered to the original seller?

 

[Whois-Search]

I sold www.milly.co.uk and sent them the paperwork - they never sent it back to Nominet.

Technically it is still registered to me and Nominet won't see it any other way - don't blame them either really.

I suggest waiting for the Default Transfer policy to be implemented

At least with dot com you can create another account at the same register in their contact details and push the name to that account - then again that's how hijacks happen.

 

[Beasty]

If the buyer never completed the paperwork then the domain is still registered to the original seller?

I agree with Hazel - legal title to the domain is definitely still with the seller, until the transfer has been completed and sent to Nominet.

Beneficial ownership is a bit trickier - if it were not the buyers fault, then I'd say it probably transferred when the agreement to sell was reached. However given that the problem is due to their indifference, then I think a court might look at any claim less favourably.

Also, if you sold it 3 years ago then you must have renewed it at least once since then. I can not see that you have an obligation to do that on behalf of the missing buyer - so if the question is being asked because it is due for renewal then you may want to consider letting it drop after three years.

If you are asking because you want to keep it, in general terms a contract that has not been enforced becomes unenforceable after 6 years due to the Statute of Limitations.

The above does not constitute legal advice etc. etc. as I have not been instructed and have not seen all of the facts - it's just a best guess in general terms for general consumption.

 

[mat]

The paper work was sent to them so they were completely aware that it needed to be filled in for ownership.

They didnt fill it in and send it off so they dont own it, simple as.

 

[keys]

Thanks for your replies.

I take the view that, given clear information and the transfer paperwork, buyers should complete the process promptly.

If they fail to do this even after a reminder/s then they should expect to lose the domain upon renewal.

What would be the position if in the meantime a third party made or threatened a claim against the selling registrant, and he/she released the domain?

 

[bb99]

Have you asked Nominet - I'd be interested to know what advice they give out as this must happen reasonably often.

 

[keys]

The Nominet position on this is,

They deal with Registrants and are not interested in arrangements with third parties.

 

[retired_member12]

The Nominet position on this is,

They deal with Registrants and are not interested in arrangements with third parties.

Sorry, but you are wrong on that i'm afraid, very wrong!

 

[retired_member16]

Sorry, but you are wrong on that i'm afraid, very wrong!

What sort of post is that? :mrgreen:

Can you explain what you mean?

 

[retired_member12]

^ It's very simple. The are very much interested in the arrangements with third parties, it is just that you are not aware of that, whilst i am!

 

[grandin]

keep trying

I would presume that a court would look at how you attempted to complete the deal.....if you sent numerous emails chasing the completion then this would safe guard you IF....you dropped the name due to not paying a renewal fee BUT if you go and pay the renewal fee and the buyer then comes back and says....sorry about the mix up.....I will pay you the renewal fee and interest at 10% then I think you ain't got a chance to hold it

Lee

 

[FC Domains]

I've just had exactly this happen.
There is a DRS on a domain that I sold in November 2004, but the transfer was never completed. I don't want to get involved, so have written to Nominet naming the new owner and saying that I claim no rights to the domain. They are happy with this.

I assume that the laws about unclaimed property apply to domain names. In my T&C I say that after 6 months I will make a charge for new transfer forms, after a year I will park the domain and keep any revenue. After six years the domain reverts to my ownership.

There is an issue here, in that you shouldn't really renew the domain, but explaining that to the person who paid you might be tricky.

 

[GWing]

^ It's very simple. The are very much interested in the arrangements with third parties, it is just that you are not aware of that, whilst i am!

I know nominet often seem to operate outside English law, but don't see how legally they'd be able to give out any specific information regarding ownership details or make changes to a domain name.

Perhaps if someone has already received information from nominet regarding a domain, they are getting confused between public domain information that nominet can not give out.

Data protection is something I'd imagine nominet are very well clued up on. Nominet should only act if they have instruction from a court to do so.

 

[robert911]

To avoid this situation where buyer does not complete Nominet paperwork, and risk being liable & get hassle, the seller should do the following:

1. Get BUYER to fill in his bit of Nominet paperwork & send to seller
2. Get the MONEY + Transfer fees ( don;t forget this !! )
3. SELLER pay Nominet fee, send rest of form & ID etc to Nominet

The BUYER will then 100% be the new registered owner, cos Nominet only ask the SELLER verification questions etc. Name been forcibly "pushed" onto BUYER on Nominet records. Headache, cost and hassle solved

Do I get a Pizza for this fancy advice or not ? Nothing's free in life

Cheers
Robert

 

[eetc]

I have a similar issue. I sold a domain and pushed it to the buyers tag when I got paid but the transfer has not happened despite my requests. I am concerned as the domain may have a TM issue and if a site was uploaded abusing that TM I may be in hot water. I am wondering if I can use the online service to bring it back to my Tag so I can set my own holding page?

eetc

 

[fred]

I have a similar issue. I sold a domain and pushed it to the buyers tag when I got paid but the transfer has not happened despite my requests. I am concerned as the domain may have a TM issue and if a site was uploaded abusing that TM I may be in hot water. I am wondering if I can use the online service to bring it back to my Tag so I can set my own holding page?

eetc

That is the reason why I very rarely change the Tag on any domain I sell until it is in the buyers name.

You should have no problem in recovering the domain to your tag if it is still in your name. (but you might want to give them an ultimatum first "Complete the transfer now or I will retrieve the domain to my tag")

 

[eetc]

oops, refreshed and posted again, doh

eetc

 

[keys]

There are various reasons why buyers do not complete the transfer process. I think most of them just forget about it, even after several reminders.

A few never had any intention of completing a transfer and being subject to Nominet T&C's. If you release a domain to one of them you are almost certainly heading for grief at some future date.

I have just instructed a lawyer to clarify the position and suggest a remedy to deal with all cases. It is an unwelcome expense but a small sum compared with potential liabilities.