korean defaulted on agreement - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**DaddyHalbucks** · 07-09-2004, 11:57 PM

A Korean gentleman offered to sell me a domain for $600. I accepted. I initiated the transaction through Escrow.com. He signed in to Escrow.com and accepted the terms.

Now he is trying to back out, threatening to sell it to someone else for more money, and demanding more money from me. He has even written some very incriminating emails about his intentions.

The terms of Escrow.com are here==>

http://www.escrow.com/resources/to_use.asp

In particular:

7. Obligations of Sellers.

"Each Seller in a Transaction shall deliver the Items set forth in Transaction Detail Screens directly to the buyer (or buyers), at the address specified by such buyer as shown on the Escrow.com website and on the terms and conditions set forth in the Escrow Instructions."

My contention is that the seller and I formed a contract. He offer to sell the domain for $600, and I accepted, and we both signed into Escrow.com and agreed to that.

Offer. Acceptance of offer. Promise of consideration. That makes a contract, and that seems binding to me. There was even delivery of the consideration into escrow.

How to handle this? How to obtain personal jurisdiction over this man? Do I need to hire a Korean lawyer? Any suggestions?

**Yoshiki** · 07-10-2004, 01:14 AM

Maybe, I can help you. Please PM me.

**DaddyHalbucks** · 07-11-2004, 08:38 AM

Do any of the lawyers on the board have any thoughts about this?

**jberryhill** · 07-11-2004, 04:44 PM

Two thoughts -

1. How much time and effort do you want to invest in a $600 deal?

2. On the subject of personal jurisdiction, there would be no need to do anything in Korea, depending on the terms of the Escrow.com contract which you quote in part above. Does it have a venue provision? Aside from that, the prospective seller was contracting with you in Rhode Island, yes? Finally, the subject matter of the contract, i.e. the domain name itself, is registered with a registrar someplace, and is under the ultimate authority of the registry for the TLD in question.

**DaddyHalbucks** · 07-11-2004, 10:03 PM

1. How much time and effort do you want to invest in a $600 deal?

I POSTED ABOUT IT SO IT IS IMPORTANT TO ME. I VALUE THE DOMAIN MUCH MORE THAN $600.

2. On the subject of personal jurisdiction, there would be no need to do anything in Korea, depending on the terms of the Escrow.com contract which you quote in part above. Does it have a venue provision? Aside from that, the prospective seller was contracting with you in Rhode Island, yes? Finally, the subject matter of the contract, i.e. the domain name itself, is registered with a registrar someplace, and is under the ultimate authority of the registry for the TLD in question.

I AM NOT A LAWYER, BUT #24 OF THE ESCROW.COM TOS SEEMS TO INDICATE THAT CALIFORNIA IS THE VENUE "This Agreement shall be governed by the laws of the State of California."

THE REGISTRAR IS LOCATED IN THE STATE OF WASHINGTON.

**jberryhill** · 07-12-2004, 07:34 AM

Well, then there you are... you have arguments that a contract case could be brought in Rhode Island, Washington, California, or perhaps Virginia.

**DaddyHalbucks** · 07-13-2004, 05:20 PM

What ICANN provision allows for getting a registrar to freeze a domain that is subject to litigation?

Does anyone have the details about this?

**Yoshiki** · 07-13-2004, 06:53 PM

Quote:

Originally Posted by DaddyHalbucks

What ICANN provision allows for getting a registrar to freeze a domain that is subject to litigation?

It's very possible that I indirectly know the Korean defaulter if not already personally.

The guy is just a phone-call away here. It's cheaper and quicker to deal with
the defaulter without litigation.

**DaddyHalbucks** · 07-14-2004, 12:07 PM

Dear Yoshiki,

Thank you very much for your kind offer to assist. I really appreciate it.

However, I must decline. I feel very uncomfortable with having a non-lawyer try to fulfill a function that may be largely legal in nature.

**jberryhill** · 07-14-2004, 12:42 PM

Quote:

However, I must decline. I feel very uncomfortable with having a non-lawyer try to fulfill a function that may be largely legal in nature.

... like, f'rinstance, breaking someone's kneecaps?

**DaddyHalbucks** · 07-14-2004, 12:46 PM

Don't tempt me..

**JuniperPark** · 07-14-2004, 01:04 PM

Quote:

Originally Posted by DaddyHalbucks

Dear Yoshiki,

Thank you very much for your kind offer to assist. I really appreciate it.

However, I must decline. I feel very uncomfortable with having a non-lawyer try to fulfill a function that may be largely legal in nature.

Good idea -- [[Moderator Edit - Please make such comments in Area 51 where the matter can be dealt with by Mods/Admins, not in an unrelated thread]]

**Yoshiki** · 07-14-2004, 02:47 PM

Quote:

Originally Posted by DaddyHalbucks

I feel very uncomfortable with having a non-lawyer try to fulfill a function that may be largely legal in nature.

Hello DH,

I agree with you as long as the domain is registerred with the registrar
in Washington State. Once the domain is transferred to a Korean registrar,
your conventional approach might not work that well with the Korean litigation.

**DaddyHalbucks** · 07-14-2004, 02:53 PM

Yoshiki wrote:

I agree with you as long as the domain is registerred with the registrar
in Washington State. Once the domain is transferred to a Korean registrar,
your conventional approach might not work that well with the Korean litigation.
++++++++++++++++++++++

Any litigation may allow freezing the domain with the US registrar.

One outstanding question is how to serve US litigation on a Korean person. I believe the Geneva convention or other protocol controls. But practically, who to hire to deliver the papers and certify service?

**Yoshiki** · 07-14-2004, 03:05 PM

Quote:

Originally Posted by DaddyHalbucks

Any litigation may allow freezing the domain with the US registrar. One outstanding question is how to serve US litigation on a Korean person. I believe the Geneva convention or other protocol controls. But practically, who to hire to deliver the papers and certify service?

Well, if you are quick enough to stop the transfer of the domain to a Korean registrar by the Korean defaulter, that is.

Once the domain is with a Korean registrar, you will need a Korean lawyer.
The one that I can recommend is Kim, Chang & Lee, whose site is as follows;

http://www.kimchanglee.co.kr/firmprofile.htm

**jberryhill** · 07-14-2004, 04:39 PM

http://www.1-800-serve-em.com/

**DaddyHalbucks** · 07-14-2004, 05:51 PM

JB wrote:

http://www.1-800-serve-em.com/
++++++++++++++++

Thanks!

**Yoshiki** · 07-14-2004, 08:53 PM

If the domain is currently with eNom and its transfer has been initiated,
eNom's Whois should say "PENDINGTRANSFER".

http://www.enom.com/domains/whois.asp

**DaddyHalbucks** · 07-14-2004, 10:31 PM

The registrant has transferred the domain to another registrar. I noticed that today. Looks like more evidence of bad faith!

It's a good thing I have WhoIs printouts from 10 days ago.

**Yoshiki** · 07-14-2004, 10:43 PM

Quote:

Originally Posted by DaddyHalbucks

The registrant has transferred the domain to another registrar. I noticed that today. Looks like more evidence of bad faith!

It's a good thing I have WhoIs printouts from 10 days ago.

Well, which country is the registrar for the domain located in this time?