What happens if seller reneges?

[joe]

Wondering what might happen if a seller lists a domain for sale on netfleet with a BIN price which is met but then the seller refuses to part with the name.

The T&C are pretty straightforward in this regard:

Sellers are encouraged to submit domain names with realistic price expectations and upon receipt of an offer that meets their published requirements are expected to follow through and transfer ownership of the domain. Failure to do so will leave the seller subject to legal action to address the breach of the implied contract of sale.

http://www.netfleet.com.au/rules-and-regulations

Just wondering if anyone has practical experience with this sort of thing. If a seller reneges, would that be a matter for AuDA or civil court?

 

[neddy]

Just wondering if anyone has practical experience with this sort of thing. If a seller reneges, would that be a matter for AuDA or civil court?

1. Email Mark Lye / Anthony from NF and inform them of situation and ask if they can "approach" buyer. Bit of subtle pressure (or perhaps not so subtle) always helps.

2. Nothing to do with auDA - you have to resort to civil remedies. But why would you bother putting good money after bad?

3. If step 1 fails, then I would publicly warn your fellow DN Traders of persons name. This way we can avoid dealing with the person.
.

 

[snoopy]

Wondering what might happen if a seller lists a domain for sale on netfleet with a BIN price which is met but then the seller refuses to part with the name.

The T&C are pretty straightforward in this regard:


http://www.netfleet.com.au/rules-and-regulations

Just wondering if anyone has practical experience with this sort of thing. If a seller reneges, would that be a matter for AuDA or civil court?

AUDA aren't going to care. Probably needs to be worth well into 4 figures to get lawyers involved. A cheap one might do a letter in the mid hundreds.

 

[joe]

Thanks neddy and snoopy. Food for thought.

Assuming it went to court and the seller loses, would they be up for legal costs as well?

Anyone aware of similar cases and how they turned out?

Sounds like it could get messy.

 

[Mark]

Wondering what might happen if a seller lists a domain for sale on netfleet with a BIN price which is met but then the seller refuses to part with the name.

The T&C are pretty straightforward in this regard:


http://www.netfleet.com.au/rules-and-regulations

Just wondering if anyone has practical experience with this sort of thing. If a seller reneges, would that be a matter for AuDA or civil court?

Hi Joe

Please submit a ticket with us including details of the transaction and I will look in to asap.

Thanks
Mark

 

[joe]

Hi Mark,

Thanks for that, it's still a somewhat hypothetical situation at the moment in that I haven't received a response from the seller - not that they've flat out refused to honour the agreement.

It's only been a few days so I'll give them another day or two before I start putting the pressure on. If I don't get a satisfactory response soon I'll be in touch.

Cheers,
Joe

 

[joe]

Looks like I jumped the gun, gave the seller another nudge this arvo and he replied straightaway. Can't hurt to prepare for the worst, though!

Thanks again all for your contributions.

 

[neddy]

Looks like I jumped the gun, gave the seller another nudge this arvo and he replied straightaway. Can't hurt to prepare for the worst, though!

Thanks again all for your contributions.

They probably read DN Trade!

 

[joe]

They probably read DN Trade!

The thought had crossed my mind