Sure, to get them to follow through on that $5,000 will only take $XXXXX in legal fee's, several months to years to bring to a close and you might just win!
So basically, no.
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Register Today on DNForum IT'S FREE!It's my understanding that if somebody sends you an email blatantly stating that they wish to purchase your domain name for (amount) that they are entering into a contract to follow through with their offer, should I (as the seller) accept.
A couple of months ago, I received an email offer for one of my domain names (the offer was $5,000 USD), which turned out to be one of those "I need an appraisal and I only trust this service at this link" emails (most domainers know what I'm talking about), so obviously the email was sent with the intention to scam.
Despite this, can I hold the sender to his offer? I was thinking to perhaps send a collection agency after him, should he refuse to comply.
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Sure, to get them to follow through on that $5,000 will only take $XXXXX in legal fee's, several months to years to bring to a close and you might just win!
So basically, no.
if you manage to find a collection agency that will even consider such a thing, let me know. I've got a whole pile of solicitors from Nigeria that have not paid me the many millions I am due, according to them.
Short answer to your question is no, move on.
Is a private agreed offer in private message in a forum legally binding?
Yup, just another BS scam offer. Don't fool yourself.
Short answer is "probably not." In order for a contract to exist, there doesn't need to be a piece of paper stating the agreement, or for that matter even a handshake. What is required is that two identify-able persons/entities come to an agreement about the terms. Given that you don't really know who the person on the other end is it would be rather hard to prove they had intended to enter into a binding contract. (especially since you yourself suspect them of bieng a scammer)
The question isn't whether it's binding or not, the question lies in the ability to 1: Enforce the binding agreement (jurisdiction? etc.), and 2: More importantly, COLLECTING IT!
Don't be foolish...
if you have "consideration", eg. ask the buyer to pay $1 as consideration, you can make it a binding contract.
http://wiki.answers.com/Q/What_is_co...al_and_binding
These scammers usually are from Russia, Latvia, India etc. Good luck enforcing a contract when their intention all along had been to scam you.
Move on...if the person isn't going to buy it don't waste anymore of your time or money trying to force it. JMO
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Funny question. Is a scam a binding contract?
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Depends on the scam.Is a scam a binding contract?
I accidentally bought a car once.
I had a new job and my car had died while moving to the new location. So, I was renting a car for a while. One of my co-workers owned a rattling piece of junk that he drove to work everyday, and he asked me how my search for a new car was coming along. I said, "Not so good, but I'll buy yours for $500." He said, "Okay" walked out, got the title and signed it over.
It was a 1976 International Scout, if you can believe it. I drove it for two years before selling it to a junkyard for $200. It was a fun car, though, and I wish I still had it.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
Outside of scams, I get a lot of offers from "throwaway" email accounts.
Often if you accept them, you'll never hear from them again. I strongly suspect a certain person here at DNF is behind these (I'm not going to say how I found out).
I now ask the person to email me their offer with full name and phone number from a NON-freebie email account before it will be considered.
Absolutely an essential step.I now ask the person to email me their offer with full name and phone number from a NON-freebie email account before it will be considered.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
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