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Register Today on DNForum IT'S FREE!i had a postal querry recently about my willingness to sell one of my one-word domains registered in july of last year. blah, blah.. the buyer was an 'individual' who claimed it was for 'small' business he has 'in mind' to develop at 'some point'.
so being the lazy **** i am, and without doing even a basic reserach, i agreed to sell the name for two grand, figuring the name's got only a few dozen searches in ovt. (without extension) and only about few thousands in the entire google, so the price was (perceived by me) to be fair.
after i agreed (via e-mail) on price, and after i had spoken to this 'dude' on the phone, as the last checkup prior to actual sale i performed a basic research, and in few seconds found out that this name was actually being sought by a 'medium' size national food/restaurant franchise. i thought for a bit and i still decided to sell it figuring it must have been their single franchisee who wanted the name for his small store etc. figuring even if that is the case, it's fine with me.
but, today i 'figured' a simple tm search has to be in order, and lo and behold this search, to my surprise, yielded two separate namemark & character mark applications dating beginning of this year (which is seven months after my original dom registration.) for use of this name in connection with 'leisure' food product(s).
second wordmark is dated about a month ago, and includes description and picture of a logotype design (looks cute!
so, it's obvious that this is not for a small mom-pop franchisee, but for a whole damn franchise which seems set on launching a whole damn brand behind this name.. and i just happened to have the online .com version.
i guess, my question now is what is one to do in situation like this?
Last edited by whatchamacallit; 07-01-2005 at 11:57 AM.
Stick to your agreement and sell for what you agreed upon. You dont want to ruin your reputation in this industry by going back on your word/agreements. Also, at your asking price you wont have to worry with legalalities because it would cost more to them to pursue a court battle then it would just to pay your asking price.
On a side note, you offcourse should have done the research before you named your price
good luck
Amen.Stick to your agreement
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
my 'word' was only my e-mail correspondence, but nothing actually signed.Originally Posted by JEsports
Stick to your agreement and sell for what you agreed upon. You dont want to ruin your reputation in this industry by going back on your word/agreements. Also, at your asking price you wont have to worry with legalalities because it would cost more to them to pursue a court battle then it would just to pay your asking price.
On a side note, you offcourse should have done the research before you named your price
good luck
moreover, dfferent scenarios call for different pricing. this is a multi-tier pricing 'industry'. had i've been aware that this was the whole 'food brand' in question, i certainly would have been inclined to proceed with this negotiation in much different way. it is my fault that i hadn't done any research, but also their 'fault' for keeping that fact away from me.
The "I am not a businessman" or "This is only for a personal website", etc... is the most common practice in domain inquiries. This is not uncommon at all and by no means is a buyer or broker (more commonly used) entitled to tell you what or who the website is to be used for. It is completely up to you to determine an asking price.
they have all the 'right' to keep that away from me of course, but by the same token I also reserve the 'right' to back off the previously discussed price, if i found out their true intention for the use of this. it's called business negotiation, and from time to time happens in this way.
Last edited by whatchamacallit; 07-01-2005 at 12:22 PM.
They owe you nothing except the price both parties agreed to.
Does the hardware store sell hammers to big corporations for more than to mom & pop shops? Does the grocery store sell bananas to executives for more than working stiffs? Of course not. Most things in this world sell for a market value, and it is in the buyer's interest then to create additional value for their aquisition.
Are you funding this franchise's development? If the answer is no, then stop being greedy & dishonorable and sell the domain for the price you said yes to. Chalk it up to a lesson in life.
you're full of shit, and your know it, because if this happened to you, you would feel the same as i do now. furthermore, what is the point of all of us doing 'research' on the background of the buyer, unless to better determine the selling price? if i ask you to buy your moviedomains.com domain, and say if blockbuster asks you the same -- would your selling price be the same?? maybe it would if both of our queries came from yahoo address, but if my came from yahoo, and theirs from blockbuster adrress, would you give us the same price? of course not, so don't give me your empty-calories crap, just for the sake of giving me the crap. we're not kids here, and i don't feel a need for getting 'moral lectures' from you, especially when we all know yu would have done the same. so spare me your 'false conscience' please.
finally, if you wanted to use 'bananas' analogy, you could've asked whether the price of those bananas would've be different for executive then the working stiff, if the store was selling only one single banana? imagine a scenario where store doesn't sell bananas by volume each and every day of the year, but it sells one particular banana in their lifetime. that banana sits there for a year, and in come two buyers, with two different size wallets: one is executive, and one is working stiff? where would banana go?
this is america, and unless i sign a legally binding contract for my property, as the owner of it i have the right to do what i want with it, including change my mind for whatever reason i see fit.
Last edited by whatchamacallit; 07-01-2005 at 02:24 PM.
Sounds like you already had your mind up before making this post inquiry. So why bother? Did you think someone on here was going to say up your price to 150k after you have already made an agreement? Most buyers/sellers on here arent going to do that and ruin there public opinion of there business ethic.
no, that is not it. i expected pros and cons, perhaps variety of opinions, but not a soft lynch mob.
in other words, what i didn't expect was domainers calling other domainers 'greedy', while standing exclusively behind big corporations and their interests. that's like being a poor, illiterate redneck on benefits, and voting for republicans. in marxist philosophy this phenomenon is called 'contradictory conscience.' in other words, you are telling me to 'swallow' something you wouldn't swallow yourselves. so it is when that firm stance stands on your 'false moral' principles, it is then that 'fellow domainer' crap is at its most transparent.
You seem to know us pretty well. Maybe if you did some research here, you'd find our opinions (or at least mine) on this subject have been consistent for years. But oh yeah, you don't really do research, do you?
no i don't, i guess. why would i now? remember, you just taught me that research shouldn't matter because i shouldn't have the two-tier price system to begin with d
so even if your 'public opinion' has been 'consistent' throughout the years (and we also know that our 'public opinions' are biased to serve our interests, whatever they might be at any given time) it still means jack shit, if it isn't backed up in reality.
so what you do here,when you talk about those things here, is not the same as what you do at home, when you deal with big corporations on your own time.
bill clinton also held high moral 'opinions' but we all know that he didn't really adhered to them. similarly, there are some clergy members outthere who give us moral lectures at our places of worhsip, but then they go home and fondle little boys.
talk is empty, my friend.
for those further interested in this one, i have found out that this 'dude' who was corresponding with me is, actually, in all its evidential likely-ness, their corporate lawyer assigned to the task of getting their new product brand name from me.
furthermore, this franchise is present in most states in the union, and also owns variety of other franchises.
It sounds to me like you don't want to sell the domain at the price you agreed upon via email ! Which I absolutely do understand where you are coming from ... "a big corporation tricked me into selling my for domain $2k but I could have sold it for 20K"
A contract can be conducted by written (email, paper, etc) ... If you did agree on the asking price then you are obligated "bind by it". It would be used as evidence against you.
The only way to really find out is by emailing them a higher asking price and see how would they react ?
content of my anonymous email that says 'ok i will sell it', is as binding as me verbally saying it to some dude off the street. in some capitalist utopia that might had been enough, but we don't live there yet.
in this particular case, unless i've signed a formal agreement/contract stating specific facts, the content of my free anonymous email, which never displayed my full name, stating 'yes, i will sell it to you for 2k', will never be legaly enforcable, and they know it. so they can kiss my ass if they want to buy themselves a perfect online home for their product brand for 2k.
Why not do what you wish and request to close this thread? Even jberryhill agreed above and he is one of the "big guys" in the business. To put it frankly, he knows his sh*t. If you want to not sell it for what you wanted then look above your refrigerator and pull out the book that is yellowish in color and look up attorney. Call one up, schedule an appointment with them and ask what they think and go from there.
It seems you are set in your ways, so why go back and forth with others on here saying they do not know sh*t because obviously you don't either, otherwise you would not be posting here.
Face it, you should have done your homework before discussing a price. Not doing your homework and trying to turn it in after the due date will not get you anywhere without a little money
berryhill amen-ed that post because my 'change of mind' is detrimental to the latest 'developments' in his profession (ueta 1999.)
the buyer and i never even discussed the 'terms' of this 'deal'. the only thing we ever talked was the price, and we did it via yahoo mail. so some case they have. i hate to sound arrogant, as i am not, but i don't like to be bullied needlessly by assorted moral priests frequenting this particular forum.
the only thing i wanted to find out here was to see how would u manuveur around this in terms of re-negotiating, possibly, a different price. so i posted in wrong forum apparently.
i ask mods to move this thread to 'platinum lounge' if they feel like it.
A written email with both parties agreeing on a price for a domain is a valid contract. You have only your reputation to loose here...
Furthermore, MovieDomains first post was 100% accurate, who cares who you are selling the name to, as long as its for a price you are happy with. You responded to him by calling him "full of sh*t"
really professional there...
whatchamacallit,
here you go, I will offer you $3000.00 for the domain. Now you can go back to them and tell them you got offered considerably more (50% more from what I can tell) for the domain from another party. BTW, if they back down, I might also. Cause it was just electronic communications on a forum ya know....
g
Had you not agreed on a price in any way shape or form then there are other issues to be discussed in regards to pricing differntly to a corp then to joe blow.
but no one is going to say back out of an agreement, its simply unethical
what do u know.
what reputation? that i'm backing out of price because i found out i was deceived by some national corporation. spare me plz.
[QUOTE=GT Web]Furthermore, MovieDomains first post was 100% accurate, who cares who you are selling the name to, as long as its for a price you are happy with.[QUOTE=GT Web]
what's wrong with u, obviously i'm not happy, don't u see that?
u conveniently ommited to 'notice' the fact that he first called me 'greedy', so if i am greedy, than he's full of shit. that's right, if u expect professionalism, then give professionalsim in return.
now go back and play marbles.
'ethical' is a business word for 'moral'.
so what is 'unethical' about me changing my mind after some stupid email exchange? i didn't sign the 'marriage license', i merely told this 'lady' that 'i loved her', and that i would like us to get the 'ring'. but i've now changed my mind. i don't 'love her' any more. i wanna break our 'relationship'. deal with it.
does everyone here has to think like a brainwahsed robot? if u expect me not to behave 'unethical' than u should also expect nobody else to behave unethical in this whole wide world. beceause if there are corporations outthere that behave unethically, why would u expect me to be ethical in the dealings with them.
think about for a second if roles were reversed for a moment. if this dude said 'nah, we won't buy the name for 2k after all.' in that situation u would feel for me, right? u would say how corporation had behaved unethicaly? but what could i do with it? for all practical purposes do i have any benefit of whether u symphatized with me? i could wipe my ass with your sympathy. so much for the strength of 'ethical' argument.
most importantly, imagine if after changing their mind about this name this corporation told their buddies at another corporation: 'we wanted to buy this domain for 2k from this dude, but we've changed our mind.' do u honestly think that those corporation dudes would jump on these corporation dudes and tell them, 'oh that was so unethical of u!!' 'u should be ashamed to back out' , 'u will loose your reputation' etc..??
do u think that would have happened?
so, unless that is what u think, don't expect me to think that way either. so if this corporation was not to feel the wrath of their industry for not buying my name for 2k, why i am getting yours?
bottom line is, when dealing with massive enterprises which stomp on other people's feet even when they move, let alone else -- don't demand from me to behave in the way they wouldn't, if the roles were reversed.
Last edited by whatchamacallit; 07-01-2005 at 08:37 PM. Reason: Automerged Doublepost
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