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I am in the processing of negotiating for selling a website. Someone made an offer and I counter offered with $10 higher with an explanation that I was not able to sell the content because it was already sold to someone but the domain was still available and instructed him to make me another counter offer.
It turned that he accepted the counter offer. After looking into it sedo removed my instructions.
How contractually obligated would I be if the sedo knowingly interferes with the negotiation and removes critical information?
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Was your domain listed under domains or websites on sedo's site?
I don't know the answer to your question, but I am going to start a threat about something similar but slightly different.
On a few different occasions I've had someone make me a low ball offer on one of my domains through sedo. I usually respond with a very high ball counter bid, but with an explanation as to why attached to it. I expect if the bidder is interested they will then make a more realistic offer and we can proceed from there.
The problem here is that sedo releases my counter bid immediately, but takes up to 24 hours to review my comment. The potential bidder only sees my absurd counter bid, but not the comment to put it into context. On at least two occasions this has caused the interested party in immediately terminating the bidding process before ever reading my comments.
I think the two pieces of information should be released at the same time.
This is what sedo should definitely change. Counter offer should be published to the interested party only when staff reviewed comment. Bid + comment = at the same time.
yes, it was listed under web site. Months went by without any interested so I just sold the content to someone else. Then I just got so busy that I forgot about changing it on sedo to web site only.
I'm just mad because basically they decided to low ball me and forced me into a deal I didn't want. So was just curious if the "contractual obligation" would be nulled because sedo made changes without my approval.
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If they lowballed you and you counter offered with $10 higher and they accepted then its a contract. You stated in your comments that the site was not included. I would proceed with the deal and not include any data. If the buyer has any problems with it they can contact Sedo b/c it is their fault if they modified your comments.
So I don't see any issues with selling the domain by itself for the price you both agreed on without any files.
sedo is a venue only. They don't enforce sales agreements - that's strictly between you and the buyer.
From what you describe, there isn't a "meeting of the minds" and thus likely no legally binding agreement...
In theory the buyer could lawyer up, but likely wouldn't prevail anyways.
At this point, in my view, the best thing to do is deal with the buyer directly (if you know who they are) - cut sedo out of the loop ... you'll be more able to communicate and negotiate a clear agreement without interference, and as a bonus, you'll save the 10% Sedo commission.
Ron
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