question Ethical Obligations & Follow-Up

[SeaLink]

Here's a situation and I'd love to hear some feedback.

I have been sporadically buying domains over the last year. During that time, I shuttered a business and lost a family member. My follow-up which is normally very good, was slightly off during that time period. If I bought a name and had poor follow-up (here/Flippa etc), the seller generally gave me a poke to remind me. In the event that I had missed something, I always received normal/positive action from the other party...ie: "whoops, here's your domain."

I was going through my records last night and saw that a 6 lot purchase I made (2 different registrars) several months ago, only 3 names (to 1 registrar) went through. The other 3 names were NOT at the other registrar. I checked with the registrar and they told me the SELLER would simply have had to send ME the AUTH Codes, which I would then input and it would all get done... Sort of backwards of the way GD does it.

Here's the crux of the issue.... of course the value of the names (6L Numerics) had increased during this time.
My response from the person who was supposed to be the seller was-

Whoops. You let it "FALL THROUGH THE CRACKS, NAMES ARE LONG GONE. YOU HAD PAID ME $X, SO LET ME DIVIDE BY 6 AND SEND YOU THE $ FOR THE NAMES YOU NEVER RECEIVED.

I'M PRETTY $%%^^&&** ENRAGED.....

Yes, my follow-up was poor, BUT A DECENT HUMAN/ETHICAL PERSON SHOULD NOT BE RESELLING NAMES HE'S ALREADY SOLD.

This is far from over....just beginning.

What do you think????

 

[Brandevise]

I'm sorry that happened to you.

I would be F@#$%%G enraged myself!

They were sore losers on this one and clearly don't have respect for the marketplace.

I would contact Flippa immediately and let them know what happened.

Don't worry I strongly believe in Karma and this unethical transaction on their part will come back to them one way or another.

 

[SeaLink]

He's here, not Flippa.
When I cited the "spirit" of the transaction....ie, at least contact me once, (or send the auth codes to me to remind me) he told me that my logic was off as I was asking him to either give me the domains I paid-for, or the fair market value of those domains. He thinks that a refund for the original amount - for the names he sold twice- is fair.

 

[Brandevise]

The minute the person lists something for sale on any marketplace, especially here on NP, I would believe that person is serious about the offer. They list it with all the terms in the description and once the buyer bids then it should be compared to a binding contract. So in my eyes it is not fair for him to sell it elsewhere.

 

[SeaLink]

No, the issue is that we did the trade and I did not follow up on the 3 names (of the 7) that didn't get transferred immediately. Several months passed before I realized that they weren't in my account and when I reached-out to him (when I discovered they weren't there) he told me to pound sand and pulled-out the NP rulebook that says trades need to be wrapped-up in 7 days.

I was wrong as my follow-up was bad on this one, but he just let the clock tick, never once reached-out to me and when I went back later (today) he said f-off... I'll refund your original $$$. So he sold the (mine-I had paid for them) 3 nice 6L numericals to someone a second time.

 

[Brandevise]

I know as as seller as soon as one of my domains sell, I immediately follow-up with a congratulations and let them know to pay me ASAP so I can push the domain to them fast.

If they don't respond within 24 hours I already get anxious. As patient as I am, I really expect the person to follow-up as quickly as I do because I'm assuming they want the name as badly as I want to get paid. So I can understand them for throwing in the rule book, however they still should have let you know that they were throwing in the rule book for the 7 days.

So, in my opinion you both are at fault. Him for not reminding you during that 7 day time frame and you for not following up on time.

 

[cocaseco]

I think it depends a lot on what efforts, if any, he made to reach you to finish up the deal. If he tried a couple times and never got a response, then I think he was free to resell them. On the other hand, if he made no effort to finish the deal, then he was wrong. I also am not clear on why only 3 were sent? Were they at different registrars? I'm wondering if the transfer was deceitful from the start in only sending you three names, hoping you wouldn't notice?

But in the end, as you stated, it is on you and there is no chance you will get the appreciated value of the domain. Short of that, all he can do is refund what you paid him. I wouldn't waste much more time on it as that is just lost and won't likely change anything. Assuming the answer to my initial question is positive. This domain business is largely on back alleys and side streets, not Main street. Buyer beware always applies and the deal isn't over until the money is in your bank.

 

[SeaLink]

Hi- Yes, 4 were at GD and he pushed & I accepted immediately. I (was wrong) and flaked on the other 3 which were @ a different registrar for which I didn't have an account. I told him I'd set one up and be back to him... WHICH I NEVER DID. MY BAD. That being said, the other registrar was 1&1 where the proces is backwards so all he needed to do was send me the Auth Codes and I would paste them in when I got the account opened. HE DID NOT REACH-OUT TO ME or ping me at all... ZERO, NADA. It's clear he's a pos and counted the days down. What a S-Bag.
Yes, I missed a few things during that time.. I was shutting a biz and lost a family member. I reached out to a guy with whom I had missed something (same week as the DBAG here) last night and I was apologetic, he was nice and sent it it right over. GOOD GUY vs the guy here.
Not saying I wasn't wrong for flaking but its always nice when people actually reach-out to help/remind each other.

 

[.NJ]

At minimum he should have attempted and documented contacting you right before selling again.

Document that you needed to respond back by a certain date and time or the domains are going to be sold to someone else.

Simple as that.

Obviously he didn't do that....

Lesson learned.

 

[SeaLink]

Lesson learned but there should be some backlash against someone who operates this way.

Nice to sell names twice.

 

[brindle123]

You both are in the wrong. Sorry.

You should have created the account or put in for a transfer.
He should have notified you if he didn't hear from you before he sold the domains.

I understand that things happen in life that can create problems for you. He could have had the same problems as you and just forgot and sold the domains. If there is no contract between two parties, then all you have to go on is the NP rules of 7 day deal wrap-up.

Sometimes the price of the lesson seems like a lot now, but could save you more in the future. You won't make this mistake in the future and that could save you more time and money going forward.

I'm with you on doing what is right. I would have contacted you just to get the deal finished and not look like an A-hole. We can only learn about domaining from each other and our mistakes.

I have had to contact sellers and buyers to remind them and vice versa.

I have sold a domain twice. I was only paid half the money. I told the buyer that he needed to finish the deal before the renewal date (which was about 8 months away). He didn't. I renewed the domain and ended up selling it like 2 years later. The original buyer tried to contact me 3 years later and complain, but I reminded him of the renewal fees I paid. I could have dropped the domain and not paid the renewal fee and he would have lost the domain anyway. I sent him an email before I sold the domain and he didn't respond. I also missed out on a larger sale while holding the domain for him to pay the other half.

I look at my situation like both he and I learned a valuable and costly lesson in domains.
Unfortunately you lost out and he won. It doesn't sound like he tried to dupe you though. If you got your money back, move on to the next deal and don't give him your business again. He could be the loser in the long run by losing business to you.

 

[SeaLink]

Agreed... Never said I wasn't at fault. I had a lapse & he'll always be that way.
Nevertheless, it a good reminder that lots of people don't adhere to the spirit of the game.

I appreciate your feedback.

 

[DU]

What do you think????

You have legally binding agreement, yes? Unfortunately, you don't so you don't really have much to stand on. If the deal was done in public here at NP you can let the NP mods know and see how they think it should be handled.

But in the end, as you stated, it is on you and there is no chance you will get the appreciated value of the domain.

There's a precedent for this and it's true. The only recourse is likely to be a refund of original cost. You cannot sue for "speculative" earnings.

 

[cocaseco]

There's a precedent for this and it's true. The only recourse is likely to be a refund of original cost. You cannot sue for "speculative" earnings.

Huh? I never suggested he could. Although, you can sue for anything.

 

[DU]

Huh? I never suggested he could. Although, you can sue for anything.

You said there was no chance of getting appreciated value.
I agreed.

I was then just adding that there is a legal precedent behind this (and it's not just opinion). Technically you're more correct though: he could sue for anything... I meant he wouldn't win (or likely find a lawyer to do it)

 

[SeaLink]

I beg to differ You can find a lawyer to do anything.
Not interested in that. Just incredibly pissed that someone would behave that way. Also smacking myself for momentarily taking my eye off the ball.
He'll remain a turd and I'll never make the same error again.
Chaps my A that the domains I bought for ~18/each I could have sold for 20x that now.
Little D-Bag decided to do it instead... with the domains he had already sold.

Wouldn't 1 pm to me, reminding me, been the right thing for him to do?
Not whining...its over...Just angry that people behave this way.

 

[Michelle]

As this is now in the report section I will close this and invite those that need to be invited to a private pm where I am sure we can work this out