Yes but transferring the name makes him look like he is not willing to cooperate, right? If he knows he has stolen property he can't hide it, he has to "turn it in". He will have to take the thief or NetSol to court, and from the way it sounds, NetSol did a terrible job insuring both parties safety during the transaction.
totally right 9MM
transfering the name is the worst thing he can do right now
You should not be out of pocket from this and although I am no legal expert I think the law could be on your side.
You purchased the name in good faith and took all necessary precautions to ensure it was a legitimate transaction. The name was locked so you did all you could in order to establish the reason by contacting the registrar. They gave the domain a clean bill of health by releasing/overriding the lock and allowing the domain to be transferred to your account.
NetSol will probably try and lean on you and bully you into seeing things their way. I would give them one opportunity to compensate you by paying you the full current market value...ignore what you paid for it, that matters not IMO...make it clear that if they refuse your offer then you will instruct a lawyer to act on your behalf.
Unless I am missing something obvious then the issue of liability in this case is a no-brainer and they won't want to risk paying compensation AND your legal fees.
I am surprised that Escrow isn't as safe as we all might think.
After the transaction is cleared, and the seller gets the money, it doesn't help if an escrow service was used. Escrow only matters to secure the transaction in the first stage, when money and domain changes hands, not if the domain turns out to be stolen long after the fact.
It's the same if you buy a house, a car, or whatever. Escrow isn't an insurance of what's bought.
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Escrow.com has nothing to do with any of this; they just make sure that the transfer happens smoothly, which it did. It isn't their responsibility to investigate every domain to try and determine if it was stolen or not.
This type of situation is very frustrating because the original owner wasn't careful with his passwords, and now Rob has to suffer for it. The only way I see you getting back your money is if you go after the hijacker in court, but he's probably in another country and it would be difficult to get satisfaction.
I guess if you could prove that Network Solutions was notified that the domain was stolen before you bought it, but didn't take action to lock it in a timely manner, then you might be able to hold them responsible.
Sorry to hear of your troubles Rob, I hope it all ends well for you.
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I can't understand this. I see many stories here about stolen domain names by way of doing chargebacks and all. How can people just go about their shady business and do these things so freely without the registrars or the payment processor stepping in to solve the situation? I mean... the buyer or seller have documentation which proves the sale, the payment processor has proof of the payment, the registrar has proof of transfer. What's so difficult here?
It's obvious that the original owner wants his domain back, but why was nothing done before? I guess the registrar was washing its hands on the situation, and only when criminal investigations started were they feeling the heat and start blaming you.
I hope that the situation will be solved properly for you.
If you're looking to get Network Solutions to possibly compensate you for this,
then you might want to read your agreement with them. Read sections 7, 8, 9
and 13 as a head start.
Despite the sex.com decision against Network Solutions, it might shock couple
of you folks to know their agreement was upheld in at least one decision some
years after. But hey, no one's stopping anyone from trying to hold them liable
like the latest suit against them.
Personally, though, I ain't optimistic.
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Sorry to hear this Robert. I'm sure you'll get your $10k back in the end though, I just hope it won't cost you too much money. Do you have the thief's details at all? If so, I would hire someone to go shoot him in the kneecaps. Seriously.
I am not sure if the whole thing with FBI getting involved is true.
In 99.99% of cases, FBI never gets involved with fraud under $100k, especially domain dispute fraud which they don't really understand. NetSol might be BSing you on that one just to make you think they have the FBI on their side.
Transferring out won't help at this point.
Get a good lawyer. Best of luck man.
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Im surprised NetSol haven't removed the domain from your account already.
Good luck man
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Make as much noise as you can about netsol's role in all this. If everything you said here is accurate it sounds like they are going to do everything they can to avoid any responsibility.
Started with my blog...
BTW If you want to contact JBH, give me a buzz and I can put you through somehow.
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