Need an attorney - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**jquail** · 08-19-2004, 12:23 PM

Hi,

I need an attorney to look over a regular domain contract for me. Only 2 pages long, but one small section concerns me before I sign.

Obviously will pay (can do paypal if you would like), but would really like it done in the next day or two.

Contract is in pdf format. Could any attorneys PM me with price.etc. and I'll email the contract.

Thanks,
John

**jquail** · 08-20-2004, 10:54 AM

Any lawyers? It should only take a couple of minutes.

**domnet** · 08-20-2004, 11:58 AM

Your best bet would be to contact them...

**jquail** · 08-20-2004, 12:25 PM

Hi domnet,

Contacted a few, but no reply yet. Must be busy.

**Domagon** · 08-20-2004, 11:12 PM

You may get a quicker response posting some of the section here ... or at least mention some more details. Are you buying, selling, leasing, etc? If you don't want to mention anything here, that's understandable.

Ron

**jquail** · 08-21-2004, 10:34 AM

Good Idea valuenames.

A bit of background. This is from a contract the seller wishes me to sign for a domain I am purchasing in the $XX,XXX range. The domain itself is generic, however as with all the domains, several companies use it to name their products.etc.

The domain had a letter in mid 2003 from one of these such companies asking the seller to turn the domain over. After a letter from his attorney, the company had no further response and backed down.

The section in the contract of which I am concerned is below;
************************************************** ********
Buyer's Indemnity. In the event that any person or entity ("Third Party") makes any claim against the Seller arising from the Buyer's use of te Domain Name, Buyer shall indemnify Seller for all attorney's fees and costs incurred by the Seller. In the event that any Third Party commences any form of civil proceedings against the Seller, Buyer shall indemnify and defend the Seller in all such proceedings and Buyer shall pay all Seller's attorney's fees and costs and any damages.
************************************************** ******

In essence, I would like to know how the seller could be sued if I own the domain, what the reprocussions would be one this section is I resold the domain, and in general do the lawyers actually advise me to sign it.

Personally it is the second part of this section which concerns me the most. In essence I should pay his legal fees, damages.etc. if ANY civil proceedings are broguht against the seller no matter if it due to what I have on the site, or even if it is not about the domain name.

**Rocket2Uranus** · 08-21-2004, 12:47 PM

I think you are wise to seek legal council on this - looks like something you should be very careful about agreeing to.

Good luck!

**carlton** · 08-21-2004, 04:31 PM

Quote:

Originally Posted by jquail

************************************************** ********
... In the event that any Third Party commences any form of civil proceedings against the Seller, Buyer shall indemnify and defend the Seller in all such proceedings and Buyer shall pay all Seller's attorney's fees and costs and any damages.
************************************************** ******

jquail - I am not an attorney, but I share your concerns regarding the latter section of the contract quote. The indemnification clause whereby you, the Buyer, cover the costs of any Third Party civil suit against the seller is pure b*llsh*t. That sticks out like a sore thumb. Please do consult with a lawyer before proceeding. Good luck.

**mike031** · 08-21-2004, 04:38 PM

basically sounds like the seller wants you to exempt him from all liabilities that might be brought up in the future in regards to this domain when and if somebody decides to go after this domain and seek damages against not only you, the new owner of the domain but him (the previous owner) as well for whatever reason... i guess getting rid of the domain is not good enough for him at the moment, he is trying to insure himself a hundred percent... i don't know if this is standard or not but it sounds to me like there might be more then he is revealing! do some more research on the name and good luck.

**Domagon** · 08-22-2004, 12:52 AM

The section you mention appears to be written by a non-attorney, but could be wrong; anyways the section itself is no biggie in my *personal opinion* - if it was me, I'd sign the thing *assuming* no other other issues.

HOWEVER, in your instance there is another issue ... the letter you mention the seller receiving from another company regarding the domain; should be of great concern - that is where you definitely should do some more research ... perhaps the seller knows the use of the domain is limited due to potential legal threats by one or more of the companies using similar brand names and is trying to unload it while the getting is good.

Ron