Lawsuit when I didn't do it...

[FSNet]

I bought a domain name and about 6 months later a Polish company bought it off me. I told them when I transfered the domain name that "I would transfer the name and password to them and they were to change it and I would delete my copy of it". Well they called me about a year later and said they lost the password, what was it. I told them that I didn't know, I had deleted it and stated it in our agreement. They lost the name and someone else snatched it up and is trying to sell it to them for $310,000. They in turn hired a US Attorney and am suing me for that ammount. I dont see how? Any advice?

Thanks!

[Jaques]

Don't worry, there is no way you can get in trouble for that if its in the agreement.

[Steen]

Don't worry, there is no way you can get in trouble for that if its in the agreement.

Glad we have a lawyer issuing professional legal advice here on DNForum.

[GT Web]

lol :-D

[Edwin]

Was the agreement a WRITTEN one, signed by both parties?

[Domagon]

Was the domain held in an account originally created in your name? If so watch out!

I myself have one sold domain held in a similar situation ... as long as the domain is held in my account, there is some, though very limited, responsibility on my part in ensure the domain remains in control of the person I sold it to; it's a calculated risk that I've assumed to facilitate business and have planned accordingly - ie. it's locked and I track it.

How was the domain "lost" ... did it expire or something else?

If it expired and you can document that they had full control, *including* receiving renewal notices, then their suit will likely go nowhere.

However, if the renewal notices were still coming to you (or alternatively to no one at all), then things get a bit dicey...

Did you update the registrant field and related information? Or did you assume they'd do that?

If you still had some control and it expired, well it's a big question as to whose responsibility it is to ensure it remained registered - likely with some documentation and an experienced attorney, you'll likely prevail.

The nightmare scenerio is if instead of expiring, the domain instead changed hands directly to a third party ... in that instance if you still had any control at all of the domain, no matter how small, you may be on the hook so to speak for some damages.

Lastly, these are some layman opinions I'm throwing out, based on experience in the domain business ... it of course is not legal advice ... $310K is a decent chunk of change ... you may do best to get an experienced attorney asap - contact one or more of the ones that visit here directly for further assistance.

Ron

Addendum:

On an aside, when transferring domains, it's best to have the buyer create an account, assuming they don't already have one, in their name and push the domain to them.

Transferring domain accounts is a something one should avoid whenever possible - updating the registrant info and pushing it to them is the safer way.

Ron

[GiantDomains]

Sounds like they may not have lost the password, but tried to log in and couldn't because it was expired, and are trying to blame that on you, because they are being offered the name for a high price. Just a thought.