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GoDaddy review : Recommend I pick GoDaddy?? Seller backs out of Escrow Transaction?

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I had contacted a seller and we went back and forth and finally agreeded upon a price. I suggested we use Escrow.

The seller agreeded to the terms, I made payment and payment cleared. I was waiting and waiting for the push and got an email saying they have recieved a higher offer and go figure, no longer want to sell it to me...

What options do I have?.

Secondly another thing to point out, is the listed Admin contact is the person who I delt with, as the Registrant is not listed on whois. Now this person is saying they didn't have Legal Rights to be selling the domain name. This just happened to come up "now" after he agreeded to sell, accepted the terms at Escrow etc.

Please help if you can...

Comments (7)

The answer to this one is simple... Have Spade (me!) Call him up, pretending to be your boss, then convince him it's in his best interest to complete the deal... Thats what I would've done..... or rather - you did...

Comment #1

Now if the domain shows up...... Then it worked. lol..

Comment #2

This makes me wonder. Is there any penalty or repercussion for the seller/buyer if he backs out from the deal (i) before he agrees to the terms, (ii) after he agrees to the terms?.

I know that after buyer makes payment, and transaction is canceled, then escrow will deduct the service fee and refund the balance to the buyer. Anything else?..

Comment #3

You can take them to court over breach of contract. Though you will get many opinions what a contract actually is (be carefull who you listen to), Was there an offer, condition and acceptance. (IE- I will sell you a domain for $$$, they agree, that is a contract.).

Now ask yourself, is it worth all the trouble? That is why many contracts to unenforced, because it is too much trouble...

Comment #4

Well, I am still trying to work with the seller. So we will see.....

Sometimes, I just really get sick of getting pushed around and I think it's time to take a stand. The fact is, the seller agreeded to a price (twice really, once via email, then agreeing to the Escrow transaction) then later backs out. I think I would have a very strong case in court.

Also, yes, the "buyer" has to pay the Escrow fee if the seller backs out, because escrow said, "how else would they get money from the seller"... Ahhh maybe if you state that if the seller backs out, they pay the fee, with the CC on file! lol.

More to come in the New Year!..

Comment #5

I had a very similar problem. The guy put the name up at Sedo after accepting my offer and the Escrow terms. He even had the audacity to accept offers at Sedo (MY offers!).

I sent him a very strongly worded email threatening legal action through my attorney, John Berry Hill (:hehe). He'd been ignoring my emails before, but after this threatening email (I was still polite - only "legal threatening"), he came around and said that he was on "vacation".

Try this approach. Write the strongest email you can, using a very impersonal tone and tell him that he should receive communication from your lawyer soon. They usually come around.....

Comment #6

Its a legally enforceable contract. Check Escrow.com's TOS. If he's agreed to sell to you and accepted terms via email then you just need to link the email to the domain to win a court case...

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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