Breach of contract - timeframe to file lawsuit

**Acro** · 03-16-2009, 11:12 AM

Is there a timeframe to begin a legal process regarding breach of contract? E.g. do I have to file within 90 days of the incident etc.

Much appreciated.

**jberryhill** · 03-16-2009, 12:48 PM

It can depend on (a) the terms of the contract itself and (b) the law of the applicable state.

In New York, for example, you have five years.

I should say "up to five years", depending on the type of contract.

**Acro** · 03-16-2009, 01:14 PM

Thanks John. I've been dealing with a deadbeat buyer at sedo for the past couple of months. Trying my best to get him to pay up before I take legal action.

**Banned: democrat** · 03-16-2009, 02:03 PM

Originally Posted by Acro

Thanks John. I've been dealing with a deadbeat buyer at sedo for the past couple of months. Trying my best to get him to pay up before I take legal action.

Can you really get someone to pay up? I guess it'd be the same as using eBay, eh?

**Acro** · 03-16-2009, 02:22 PM

I am dealing with a buyer that has some "cultural issues" in communicating his thoughts. Although it started as a clear transaction, it escalated into a "committee" that decided against his bid. Whatever. His signature is in the contract.

**adoon** · 03-17-2009, 07:13 PM

No chance to get paid on this. Write it off.....NO CHANCE. Obviously the name is worth a lot less than the deal. This happens every day and there is NOTHING you can do about it. Technically, it is breach of contract, but you have suffered no damages. The only damage is that you were about to put one over on the unsuspecting buyer.

If the name is as valuable as their alleged offer, then simply turn around and sell it to someone else.

Chances are between slim and none that you ever recover a penny from this....and Slim just left town.

If it wasn't a dotcom it was probably worthless anyways. No traffic equals no dough.

**Acro** · 03-17-2009, 07:17 PM

Tell me what type of weed you've been smoking pal. Or rather, go troll somewhere else.

You came here, on your first post, to tell me what the domain is worth and what the deal is about.

**Seraphim** · 03-17-2009, 07:41 PM

Originally Posted by adoon

No chance to get paid on this. Write it off.....NO CHANCE. Obviously the name is worth a lot less than the deal. This happens every day and there is NOTHING you can do about it. Technically, it is breach of contract, but you have suffered no damages. The only damage is that you were about to put one over on the unsuspecting buyer.

If the name is as valuable as their alleged offer, then simply turn around and sell it to someone else.

Chances are between slim and none that you ever recover a penny from this....and Slim just left town.

If it wasn't a dotcom it was probably worthless anyways. No traffic equals no dough.

Mike, is that you?

**Carter** · 03-17-2009, 07:45 PM

Originally Posted by Seraphim

Mike, is that you?

lol

**Acro** · 03-17-2009, 07:54 PM

Back on subject.

The buyer is primarily a French speaker and I think he does not grasp contracts quite well. Either that, or he's a very good actor.

At any rate, for almost 5 figures I will personally deliver the judgment to Geneva where he resides.

**Carter** · 03-17-2009, 07:59 PM

Originally Posted by Acro

Back on subject.

The buyer is primarily a French speaker and I think he does not grasp contracts quite well. Either that, or he's a very good actor.

At any rate, for almost 5 figures I will personally deliver the judgment to Geneva where he resides.

I agree with you.
The only problem is: how many months to wait for a decision in court? (I really don't know so mine is a question).

**adoon** · 03-17-2009, 08:22 PM

What part of NO CHANCE do you not understand? You will get nothing and like it. Didn't the Dallas Cowboys cancel a bid for Cowboys.com? It was a mistake. You already said there was cultural "issues".

You got no shot. You almost pulled the wool over their eyes, but obviously the name is worth close to zero if you are willing to spend thousands to recoup zero.

Name me one time where sedo or anyone else EVER forced someone to pay for a name.....it ain't happening, son.

It is pretty much a given that this name is worth very little. Just let it go. In case you haven't noticed the world is in a recession and YOU WILL GET NOTHING and like it.

You have a better chance of seeing GOD than you do of ever seeing a dime. You have NO DAMAGES.....You get nothing.

Maybe they technically breached the contract, but you lost nothing.....what do you want...A million dollars for your troubles...LOLOLOLOLOLOLOLOLOL.

That's the way it is, son. If these boards would ban people who canceled offers then there would be nobody left. Lots of cheaters running around.....buyer beware, son.

If you want to spend thousands and get back zero then go ahead and keep us updated on your journey. NO CHANCE at recovery. Sorry about your luck. It is so sad.

**cleverlyslick** · 03-17-2009, 08:33 PM

I say it's worth a shot if you have a written agreement on the sale.

**jberryhill** · 03-18-2009, 08:06 AM

Name me one time where sedo or anyone else EVER forced someone to pay for a name.

These things don't get published a Welsher's Daily Bulletin, you know.

Specific performance - i.e. forcing the sale - is only one of several remedies to breach of a sales contract. However, the basic principle of lawsuits is that most suits settle, which translates into nobody other than the parties knows what happened.

Take a look at the lawsuits breathlessly reported on domain forums:

FMA v. Lufthansa (over the LH.com domain) - what happened? The case is terminated. Nobody knows what they agreed to.

Verizon v. Oversee (domain tasting suit) - what happened? The case is terminated. How? Nobody knows.

Have I seen suits for specific performance of a domain sale contract? Yes. With the exception of two of them, none of the others went to a decision.

**Acro** · 03-18-2009, 08:47 AM

Thank you John. The buyer has been banned from sedo per my request, as a precaution against others.

As for this adoon guy here, what can I say. Too much red meat? Not breastfed by his mother? Erectile dysfunction? It's a mystery. But I have a police report filed for an MC guy waiting for more info, I'll gladly add more to it. Keep it up, "son".

**adoon** · 03-18-2009, 01:47 PM

Originally Posted by jberryhill

These things don't get published a Welsher's Daily Bulletin, you know.

Specific performance - i.e. forcing the sale - is only one of several remedies to breach of a sales contract. However, the basic principle of lawsuits is that most suits settle, which translates into nobody other than the parties knows what happened.

Take a look at the lawsuits breathlessly reported on domain forums:

FMA v. Lufthansa (over the LH.com domain) - what happened? The case is terminated. Nobody knows what they agreed to.

Verizon v. Oversee (domain tasting suit) - what happened? The case is terminated. How? Nobody knows.

Have I seen suits for specific performance of a domain sale contract? Yes. With the exception of two of them, none of the others went to a decision.

You would never take on a silly case like this for a stupid .net unless you were paid big money up front. He collects NOTHING from this guy and you know it. You guys don't even have the guts to get people on the forums banned who don't follow through, so you can stop the big talking about suing someone in a different country over a stupid .net.

The bottom line is that there are no damages. Just like in the Cowboys.com case....it was a mistake......you get NOTHING and like it. If you want to start banning people from forums who are cheaters then that would be a start, but most people look the other way as long as it doesn't effect them.

Dotnets aren't really worth anything....no traffic. What percentage of UDRP's involve .nets? The percentage is very low....noboday cares.

Go sue them and get zero return. If the name was worth anything it could be sold to someone else. Sorry about all of your luck.

**Acro** · 03-18-2009, 01:59 PM

Someone please take this monkey back to its cage.

Listen phuckstick. I don't know which subterranean cesspool you crawled from under, but I will tell you this: don't post in my threads anymore.

Originally Posted by adoon

You would never take on a silly case like this for a stupid .net unless you were paid big money up front. He collects NOTHING from this guy and you know it. You guys don't even have the guts to get people on the forums banned who don't follow through, so you can stop the big talking about suing someone in a different country over a stupid .net.

The bottom line is that there are no damages. Just like in the Cowboys.com case....it was a mistake......you get NOTHING and like it. If you want to start banning people from forums who are cheaters then that would be a start, but most people look the other way as long as it doesn't effect them.

Dotnets aren't really worth anything....no traffic. What percentage of UDRP's involve .nets? The percentage is very low....noboday cares.

Go sue them and get zero return. If the name was worth anything it could be sold to someone else. Sorry about all of your luck.

**Stian** · 03-18-2009, 02:08 PM

Originally Posted by adoon

No chance to get paid on this. Write it off.....NO CHANCE. Obviously the name is worth a lot less than the deal. This happens every day and there is NOTHING you can do about it. Technically, it is breach of contract, but you have suffered no damages. The only damage is that you were about to put one over on the unsuspecting buyer.

If the name is as valuable as their alleged offer, then simply turn around and sell it to someone else.

Chances are between slim and none that you ever recover a penny from this....and Slim just left town.

If it wasn't a dotcom it was probably worthless anyways. No traffic equals no dough.

Why shouldn't he do something? If no one ever takes legal action against deadbeat sedo buyers, then the problem will only escalate. People don't take contracts seriously enough, especially not those bidding in sedo auctions.

**Acro** · 03-18-2009, 02:13 PM

I didn't know I need permission from some anonymous motherphucker who on his 1st post at DNForum comes to exert BS reasoning on why I can sue for breach of contract. What a joke.

Listen phuckstick. I've sold .net domains for 5 figures and .org for 5 figures and .com domains for 5 figures. If I listened to phuckstick anonynous motherphuckers like you I'd be wasting time crapping on other people's threads.

Now go phuck yourself.

**Stian** · 03-18-2009, 02:16 PM

I mean, if it's a .net or .com doesn't matter. If someone statues an example by taking legal action against a non-paying sedo bidder, then others might follow. Then eventually the problem might be reduced as people get aware that they are legally bound to their offers and they might suffer consequences by not following through.