If the Realtor knows, he must disclose, for DN too?

[RoToHead]

If the Realtor knows, of a crack in the foundation in a house, or a pending legal matter, it must be disclosed to a potential buyer.

Is there a difference between; an individual selling a DN, and a Big Name National DN Seller Corporation (Bnndnsc for short) selling a DN, in terms of having any responsibility of disclosure, if they have been put on notice of a C&D demand or TM infringement claim on a particular DN they are looking to sell? Or is it caveat emptor?

Has there been enough experience to say, or is it the old standbys that allow for injunctive relief, treble damages, fiduciary responsibility, gross profit and bad faith.

[Andrew Shaw]

It all comes down to Code of Ethics.

Any legal matter is suposed to be disclosed when selling a domain name. Each state is different I presume, as it depends if the state recognizes the code of ethics as law.

however, Im not a lawyer.

[Zaphrod]

At the start, there was no "Code of Ethics" for realtors. It was created to give people the belief that the realtors that stated the followed a "Code of Ethics" were more honest then ones who did not state it. If you have ever dealt with realtors they try to bend the rules, without breaking them. Sucks but true.

[Andrew Shaw]

No, actually in most states the code of ethics is written into the law. In those states realtors are obligated to disclose any types on liens, judgements, or any facts about the house that will affect the market value of the house, so long as the realtor doesnt disclose any personal information about the seller.

[Domagon]

Even if there's no explicit law, which for domain names are few and between, one can still face a credible threat of civil action, if they choose to ignore and not disclose* a known TM problem (even if they never receive a C&D), registrant problem (ie. stolen domain), past illicit use (ie. spam), etc to the new owner...

* Disclosure / disclaimer, etc alone in some instances may not totally shield a past owner from some types of problems - ie. if a domain is stolen and/or some other forms of fraud.

Some domainers have the mistaken belief that they can sell bad goods and not worry - admittedly, the risk is very low of a "problem" domain coming back on the past owner, but it's possible - and I've read of at least one instance in which it's happened.

Anyways, the domain name business is likely to become more regulated over time - eventually, I foresee a future in which many sales are handled by industry accredited "certified" agents / brokers.

Ron

[DNQuest.com]

There can be liability for nondisclosure of a C+D or other elgal matters if you sell the domain. That means the seller may not have the authority to sell the domain and selling the domain could be considered fruadulent. Of course, it is up the the buyer to prove it. Also, by selling the domain, it DOES NOT release the seller from liability from the TM holder either and subject to all the penalties assiciated with infringing on the TM. But it is up to the offended parties to pursue such action. That is why you never see it.

If there have been no actions against a domain, then it is caveat emptor...