** HFP.com ** Premium LLL

[ChrissyBoi]

Originally Posted by gorlov

Three contracts has been broken by you and/or your cousin....

I haven't broken any contracts since I was never engaged in any. The only person that can breach a contract are the parties to that contract.

Originally Posted by gorlov

The contract with eBay, The contract with Sedo, and the contract with DNForum.
The domain was listed on eBay first, what happened after that is all void. Listing it on Sedo while it was already in auction on another site is a breach of Sedos terms, so that auction should never have been started, it was a breach of contract already before that. That it reached the reserve there first doesn't matter, since the auction itself shouldn't have been allowed to start.
And you listing it here when you don't own it yourself is a breach of DNForums ToS.

.

The ebay auction listing with a reserve price makes provision for the cancellation of an aution prior to it meeting the reserve price.

In this particular instance, the seller indicated to DNP that this was indeed the intention. DNP's own posting and testimony confirms that fact - so at that point in time, there was no violation of anything going on, or intended.

As for Sedo, it states, inter alia, when submitting a domain for top listing auctions:

Please note:
By applying for this auction event you agree to exclusively list, market and sell the domain through Sedo and its affiliated marketplaces until the close of the auction.
While a domain is waiting for auction approval and during the pre-auction period, a domain cannot receive offers through Sedo’s Offer/Counter-Offer system.

However, domains which are listed with a fixed price can still be sold before the auction begins.

Sedo simply requires that when you start an auction there, you finish it there. What you do before that is entirely a seller's prerogative.

As for the claim of violating DNForum rules, I never listed anything for sale on DNForum, and at no time did I claim to be the seller. I merely posted an 'advert' and link to a sale at an external venue.

Everything else you state is based upon your ignorance of both facts and law.

At the present time, there has been no violation of anyone's rules. There is most certainly a problem, and that is not in dispute, how that problem shall eventually be resolved, we shall just have to wait and see.

Insofar as anything else is concerned, there is no other parties to anything else in this matter other than DNP.

Current 'high bidders' on the Sedo auction are not winning buyers, a winning buyer only becomes a winning buyer when Sedo confirms them as the winner. We shall have to wait and see who that is because at the present time there is no actual winning bidder, just a current highest bidder.

Regards

[steitieh]

It's obvious that the seller doesn't want to honour the deal on Ebay and trying to blackmail you. I woould advice to PM SedoCoUk and ask the Sedo auction to be cancelled.


Rami

[gorlov]

Originally Posted by ChrissyBoi

The ebay auction listing with a reserve price makes provision for the cancellation of an aution prior to it meeting the reserve price.

But that's not what happened, in this case.

Originally Posted by ChrissyBoi

Sedo simply requires that when you start an auction there, you finish it there. What you do before that is entirely a seller's prerogative.

No. Sedos rules says that you are not allowed to list it for sale anywhere else, from the time of the application, until the end of the sedo auction.
In this case you (or your cousin) were clearly in violation of the contract with sedo, (entered into when agreeing to their ToS), since it was listed on eBay during that time.

Originally Posted by ChrissyBoi

As for the claim of violating DNForum rules, I never listed anything for sale on DNForum, and at no time did I claim to be the seller. I merely posted an 'advert' and link to a sale at an external venue.

If you're not the owner of the domain, you may market it through the brokerage section, not the different other sales forums.

.

[ChrissyBoi]

Originally Posted by gorlov

If you're not the owner of the domain, you may market it through the brokerage section, not the different other sales forums.

My understanding of acting as a broker is that you are involved in the negotiations for a sale. I was not at any time so involved, I simply posted an advert and link to an external venue - accordingly I do not believe that I violated any DNForum rules.

As for the sedo rules etc., I have not gone through them in detail, I was mailed that information from the Top Domain application process, and on the face of it, it seems self explanatory to me. It may or may not be superceeded by some other clause, or they may simply have different rules for different types of auctions and sales, it certainly looks that way to me. The part I posted clearly indicated a seller could sell where they had a fixed price right up until start of auction.

As for what my cousin may or may not have violated, that would be between her, sedo and ebay.

As for the sale and situation with DNP, DNP clearly knew that there was an intention to pull the domain from ebay as the sedo auction start time was approaching if the domain had not reached an acceptable price on ebay -- he even posted that information himself. Let me remind you of both the question that DNP asked at least a day before the ebay auction end time, and the response from the seller;

QUESTION BY DNP:

hfp.com is scheduled for auction on Sedo Greatdomains)! How are you going to manage that??
Details: HFP.COM
Domain Name without content.
Reserve price range: 5,000 - 19,999 USD
Auction starts on: Nov/29/07 08:00 PM CET
Estimated end time: Dec/06/07 08:00 PM CET

ANSWER FROM SELLER:

Quite simple really. The ebay auction ends 1 hour after the sedo auction begins. If the item approaches an acceptable price on ebay, I can cancel the sedo auction. If it does not, I can cancel the Ebay auction.

The evidence clearly shows what the intentions of the seller were in this matter.
I can also advise that the seller did the exact same thing about two months ago with another domain, and pulled it, and here's the link to prove it:

http://cgi.ebay.com/ws/eBayISAPI.dll...m=140157268536

The simple facts are that at the material time that DNP bid on the ebay auction, he would have known, or ought to have known, that the sedo auction had started. He must surely have known that both auctions were running at the same time, or at the very least he would, or should, have checked - because he raised that very question himself - and the legal maxim of Caveat Emptor certainly prevails here (let the buyer beware!).

He also knew that the answer to that very question that he had asked was the clear intention of the seller to cancel the ebay auction just before the sedo auction started if it had not reached an acceptable price - that acceptable price being the reserve price. At the start of the sedo auction, the ebay auction HAD NOT reached the reserve price, in fact it had not reached the reserve price until 1 hour and 15 mins AFTER the sedo auction started, and by which time it had already exceeded the sedo reserve price!
It was the CLEAR intention of the seller to PULL the ebay sale - the ONLY reason she was unable to do so was because of an urgent family matter (injury to child at TKD training) which required her to leave monitoring the ebay auction and seek immediately medical attention for her child. It is very conceivable that upon hearing of the injury to her child that everything to do with any auctions completely blanked from her mind.
As to whether or not DNP did in fact check to see if the the sedo auction was running before he placed his bid on ebay, only he can answer that. I would submit that it was in any event an irrelevant consideration given all of the circumstances - as the evidence clearly shows that he knew the auction was supposed to be pulled if it had not reached the reserve price, which it had not - there was flurry of bids just before the end of the ebay auction, and during this stage the reserve was breached.

The one thing that the seller is NOT denying, is that there has been an unfortunate situation developed, which she believes to have been occassioned by circumstances beyond here control. Her intentions with regards to any sales were made clear to DNP at least 24 hours before he bid and before the sedo auction started.

Any claims of violating sedo or ebay tos have absolutely no bearing on the legalities of this matter. They may or may not incur some difficulties for the seller between her and sedo or ebay, but that is between those parties alone and has nothing to do with me or anyone on this forum. She has violated no laws. Plying your wares on several places at similar times is not a crime by any manner of means - nor is it lawfully wrong at civil tort.

In spite of all of this situation, the seller has made it 100% clear of her desire to reach an amicable resolution with DNP concerning this domain, and he has been advised of this and what to do to assist in reaching that amicable resolution. He has not at this time accepted that offer or even indicated his acceptance or willingness to accept it - but the offer is still there for the foreseeable time.

From time to time innocent problems do arise in life, even in circumstances such as this. There was never any intention to back out of any deals with anyone because of the suggestion that it did not reach a high enough price.

THAT is the final word and clear position from me on this matter, and I am only stating this here because DNP brought it into this forum, and at the time he did so, he had already been contacted and advised of the desire to reach a resolution with him.

Bringing it into this forum to invite public pillarying of me or the seller has only destroyed any chances he might even have had of any legal remedy, and I would respectfully submit that given all of the circumstances he never had any legal recourse in the first place.

DNP was also pm'ed two days ago with a request to close this thread, following my request to the admins, in which he was invited to have a say in the closing of the thread for a week whilst something could hopefully be resolved. He has not even responded to that.

I rest my case, and that of the seller.

Now where's Judge Judy ........

[sashas]

I'm not really gonna read the lengthy post. All I know is that DNP won the name, and he should get it for the exact price he won it for, whether here, or at Sedo.

[Ian]

Holy moly who will read this prose

[Devil Dog]

Originally Posted by Ian

Holy moly who will read this prose

Types like a lawyer.

No offenses to lawyers, of course.

[DNP]

Originally Posted by ChrissyBoi

DNP was also pm'ed two days ago with a request to close this thread, following my request to the admins, in which he was invited to have a say in the closing of the thread for a week whilst something could hopefully be resolved. He has not even responded to that.

Cancel the deal, close the thread, … ... let's stop, Chrissy. You do not want to honor the deal at the first place and now trying to brokenly write your lengthy explanatory posts I have consulted with the forum admins and they agreed that this thread should remain opened.

-DNP-

[ChrissyBoi]

Originally Posted by DNP

Cancel the deal, close the thread, … ... let's stop, Chrissy. You do not want to honor the deal at the first place and now trying to brokenly write your lengthy explanatory posts I have consulted with the forum admins and they agreed that this thread should remain opened.

-DNP-

At this stage I really don't care what they, or you for that matter, do.

Everything I have to say is clearly explained above. I hope you spoke to your attorneys like you said you would.

[DNP]

Originally Posted by ChrissyBoi

At this stage I really don't care what they, or you for that matter, do.

LOL Now we all see how respectfull you are to other people (buyer(s), admins and community)

Originally Posted by ChrissyBoi

I hope you spoke to your attorneys like you said you would.

You do NOT want to know that now.

Later, dude.

-DNP-

[ChrissyBoi]

I don't know anywhere that I have been dsirespectful to either yourself or the admins on this forum -- so please show me.

I simply stated that I really don't care what you or they do in regards to closing this thread - that's all. I don't know where you can find disrespect anywhere in that.

What I am surprised at is that you can find the time to come in here and provoke a pilaarying contest, yet you have taken absolutely no steps whatsoever in indicating whether you are happy to seek an amicable resolution to this matter. Why is that DNP ?

I thought you were sincerely interested in getting this domain - and if you were, why, rather than respond to the private requests that have been made to you several times - do you instead come into this forum and keep faning the flames of pillorying and discontent ?

I am completely mystified at that.

[xmax22]

I say black list HRP.com protest by not buying this name from the sale.

HFP.com my bad

[karter9977]

Chrissy,

He was insterested in getting the name, thats why he bought it. You should stop typing like your a lawyer becuase you obviously don't even understand what a contract is.

xmax22, I like the way you think lol.

[Acroplex]

What a load of frigging bollocks.

First observation: the alleged "cousin's" writing style and that of ChrissyBoi are identical. Same pomp and literal rhythm. And noting intense detail, such as the "tae kwon do" incident denotes guilt and inventive thinking, of the "dog ate my homeword" genre.

Clearly DNP won the name at eBay. If the seller does not honor the sale, ChrissyBoi must be reported to eBay and banned on DNForum.

[DNP]

Originally Posted by ChrissyBoi

Her current dilemma is that because of the screw up, she feels she could encounter some problems with Sedo because of the situation - and probably eBay too, and she is simply trying to do what she believes would be the best thing legally.

Let's work on that together, please provide your cousin full name and the phone number. I believe we can cancel the Sedo auction promptly. I am also expecting the Ebay account holder information from Ebay reps today.

[ChrissyBoi]

Originally Posted by Acroplex

What a load of frigging bollocks.

First observation: the alleged "cousin's" writing style and that of ChrissyBoi are identical. Same pomp and literal rhythm. And noting intense detail, such as the "tae kwon do" incident denotes guilt and inventive thinking, of the "dog ate my homeword" genre.

Clearly DNP won the name at eBay. If the seller does not honor the sale, ChrissyBoi must be reported to eBay and banned on DNForum.

You're really not quite as observant as you think you are :

Check this from the bottom of Post 17 of this thread:

Originally Posted by chrissyboi

Chrissyboi also knows exactly what information was initiayyl transmitted to DNP by the seller, because it was Chrissyboi who advised her how to frame the wording.

Now go to the bottom of the class.

Originally Posted by DNP

Let's work on that together, please provide your cousin full name and the phone number. I believe we can cancel the Sedo auction promptly. I am also expecting the Ebay account holder information from Ebay reps today.

The seller has repeatedly asked you to contact her concerning this matter rather than post information in here publicly. Given all that has happened in here, she does not feel comfortable providing you with any private information other than what is available via the public whois database.

If you believe the sedo auction can be cancelled then provide appropriate contact details for sedo and I shall have the seller contact sedo direct with a view to achieving that.

I am still puzzled why you have not done any of this privately and instead have chosen to do all of this in a public forum.

[Focus]

ban this idiot for breaking a LLL.com deal

[ChrissyBoi]

Okay DNP,

I can now inform you that sedo.com have agreed to cancel the auction at sedo.

As I had been advising you and all the other people who saw fit to stoke the flames in here, especially the last poster, the seller had been earnestlt trying to get a resolution to this whole matter IN PRIVATE from the very minute she became aware that there was a problem.

She was in an unofrtunate dilemma and didn't quite know what was the best thing to do because the domain had also breached the reserve at sedo when she got back home last thursday evening. She contacted sedo IMMEDIATELY and asked them if she could cancel the domain. She got a response saying that she couldn't but that it would be referred higher up for a more final decision.

That more final decision has agreed to cancel th