I need a basic contract drawing up between a domain owner and broker

[nparkin0]

Hi all,

I was wondering whether any of the Lawyers on the forum would be to either point me in the right direction or give me a price for drawing up a short contract between a broker and a domain owner.

The contract needs to state a few things but these details can be got by PM if someone is willing to help me.

Reagrds,

Nick.

[24HourDomainer]

dont even waste time on such a contract, if the broker finds a buyer.. you can have him added for commission on escrow.com - their is no need for contract...

[nparkin0]

Thanks for the tip there MIR I will take a look. However the owner wants to be paid by cheque preferably which is the problem with using escrow.

[24HourDomainer]

Originally Posted by nparkin0

Thanks for the tip there MIR I will take a look. However the owner wants to be paid by cheque preferably which is the problem with using escrow.

escrow issues check!

[nparkin0]

oh...i did not know that.
It always amazes me how helpful people are on this forum
Thanks

[marcorandazza]

Originally Posted by 24HourDomainer

dont even waste time on such a contract, if the broker finds a buyer.. you can have him added for commission on escrow.com - their is no need for contract...

Very bad advice.

For example, 15 USC s 1125(d) provides for liability someone who "traffics in" a domain name that was registered or used in bad faith. The likelihood that this would apply might be low, but if I were a broker, I would want an indemnification agreement. Also, there are likely some issues with respect to what services the broker will provide, no?

There is a lot more to such an agreement than a simple issue of getting the commission paid. What about confidentiality? Trade secrets? There are myriad considerations for any serious business.

It is utterly foolish to work without some kind of contract, and most lawyers wouldn't charge a whole lot to whip one up for you. I don't think that I would be a good fit for this task (although I do these all the time) as I have a pretty high initial retainer amount, which would probably be cost prohibitive for you.

If none of the lawyers who regularly post on here work for you, you might want to try Darren Spielman at Kain & Associates. http://www.complexip.com/

[myst woman]

hey is there a directory here for geographically located domain lawyers?

[fab]

dont even waste time on such a contract, if the broker finds a buyer.. you can have him added for commission on escrow.com - their is no need for contract...

Hey, I see Marc beat me to it.
It really depends on cost or value of the domain sale, and liability. There have been numerous cases of fraud and other misdoings with domain sales. I mentioned this before. Why does every real estate deal come with a legal contract, and domain sales, which may be more valuable, never do.

[24HourDomainer]

their is no need of paying a lawyer for a contact if the domain sale is below 10K! ive dont fine with out any such contract... escrow is safe and secure for commission and purchase or sell of a domain name

[EJS]

Originally Posted by 24HourDomainer

their is no need of paying a lawyer for a contact if the domain sale is below 10K! ive dont fine with out any such contract... escrow is safe and secure for commission and purchase or sell of a domain name

I've lived in Manhattan for the past 7 years and have never worn a seat belt in a cab. I highly encourage others to do the same because there are never any cab accidents in the city, so the chances of getting hurt in the back seat aren't worth wasting your time and effort.

This is especially true if you are just driving a short distance.

[myst woman]

especially some of those international drivers who never learn the driving laws (wink)