** HFP.com ** Premium LLL

[ChrissyBoi]

Premium 3 letter dot com HFP.com.

Previously appraised on this forum at:

http://www.dnforum.com/f4/hfp-com-thread-238196.html

Premium 3 letter dot com for use by corporations that use the letters HFP in their name or products.

It already holds appeal for corporations such as:
Hammer Film Productions (company was resurrected and refinanced a few years ago, check their website!)
Honda Factory Peformance (TM)
Houston Forest Products (TM)
Hwa Fuh Plastics (TM)

Also has vast appeal in Finance and Mortgage Industry:

Home Finance Package (google search results= 174,000,000)
Home Finance Products (google search = 110,000,000)

For sale on ebay 5 day auction


If not sold at this ebay auction domain will be forwarded to Sedo Top Domains Auction starting 29th November 2007.

[ChrissyBoi]

This domain has been relisted with a lowered reserve

http://cgi.ebay.com/ws/eBayISAPI.dll...m=140183939418

[Provider]

Too bad I missed this one . Who got it? Anybody from the forum?

[xmax22]

i almost got it, watch the owner wont push it that is to good of a deal

[DNP]

Originally Posted by ChrissyBoi

Premium 3 letter dot com HFP.com.

Previously appraised on this forum at:

http://www.dnforum.com/f4/hfp-com-thread-238196.html

Premium 3 letter dot com for use by corporations that use the letters HFP in their name or products.

It already holds appeal for corporations such as:
Hammer Film Productions (company was resurrected and refinanced a few years ago, check their website!)
Honda Factory Peformance (TM)
Houston Forest Products (TM)
Hwa Fuh Plastics (TM)

Also has vast appeal in Finance and Mortgage Industry:

Home Finance Package (google search results= 174,000,000)
Home Finance Products (google search = 110,000,000)

For sale on ebay 5 day auction


If not sold at this ebay auction domain will be forwarded to Sedo Top Domains Auction starting 29th November 2007.

Originally Posted by ChrissyBoi

This domain has been relisted with a lowered reserve

http://cgi.ebay.com/ws/eBayISAPI.dll...m=140183939418

I got it, Provider. It looks like the seller (ChrissyBoi) does not understand that reputation is very important here. He refusing to honour the transaction and trying to sell the name on Sedo auction that started right after Ebay one ended.

I still hope to resolve this issue and I will keep you guys posted in this thread.

-DNP-

[Provider]

I love this guy, he is in violation of at least 2 agreements. First he has to honour
the deal with Ebay (it looks like he doesn't want to do it), and second, he signed
a listing agreement with SEDO.

[xmax22]

This is exactly what i sad the guy will never give it up.

[Provider]

Why we are in the industry with so many people that don't read agreements?
I feel like an idiot sometimes to be in this industry. It doesn't matter if you are
new here or old - you have to honour your agreements!

[DNP]

Before my initial bidding I have asked the seller the quistion (via Ebay messaging system) how he can explain his Greatdomain listong of this name and got the following reply:

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.

[xmax22]

email Sedo.com really quick with a link to Ebay auction see what they'll say

[Ian]

Deal too good to be true. Alternatively the name could be stolen.

[Provider]

I don't think this is such a god deal though. It is a fair deal. The name can be sold
on SEDO.com or at MONIKER.com for around $15k, but the fees will have to be paid.
At the end of the day, seller will hav a similar amount in hos pocket.

[xmax22]

Originally Posted by Provider

I don't think this is such a god deal though. It is a fair deal. The name can be sold
on SEDO.com or at MONIKER.com for around $15k, but the fees will have to be paid.
At the end of the day, seller will hav a similar amount in hos pocket.

The last lll.com all prime letters went for 20K here, its the end of the month new prices are up for llls.

[ChrissyBoi]

Originally Posted by DNP

I got it, Provider. It looks like the seller (ChrissyBoi) does not understand that reputation is very important here. He refusing to honour the transaction and trying to sell the name on Sedo auction that started right after Ebay one ended.

I still hope to resolve this issue and I will keep you guys posted in this thread.

-DNP-

Hi DNP,

I am NOT actually the seller of these domains, they are owned by my cousin. If you are the same person who has enquired about them in pm's before, you would already know that.

I can't speak for the violation of any agreements at sedo or ebay, but I do understand that there was an unfortunate situation developed last night which I am advised you have been made aware of - which resulted in her being unable to monitor the end of the auction at ebay, and whoever she left in charge of that screwed up big time.

She would be more than happy to sell the domain to you and has advised that she is willing to work with you to resolve the matter.

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.

There is no law against selling a domain in two venues, and anyone is entitled to peddle their wares anywhere where it is lawful to do so. I don't think she expected the ebay name to actually sell, as a previous effort for the same name ended just the day before it was relisted and it did not go above $8K. I think the intention was more of a marketing ploy and advertising in anticipation of the sedo auction.

Initially when she became aware of what had finally happened, she immediately contacted sedo and asked them to withdraw the domain from their auction -- whatever transpired, there was then a query over the time stamps for the two auction venues.

When the time stamps were compared, it became apparent that the sedo listing had breached the reserve price 1 hour and 15 mins before the ebay auction, as I understand it.

Since both venues had the domain on reserve, there is no obligation to sell (and therefore no contractual agreement to sell) if the domain does not reach the reserve price.
The contractual obligations only begin at the exact point when the domain has reached or exceeded the reserve price - unfortunately that is exactly what had happened at sedo, and the name was supposed to have been withdrawn from the ebay auction about an hour before the sedo auction began if it had not reached it's reserve price.
This last piece of information is 100% consistent with what you have already posted yourself when you queried how she was going to achieve the selling at the two venues - and you were notified of the intention to pull it from ebay when the sedo auction as beginning if it had not reached or was approaching the reserve price threshold.

With all of that having been said and done - she did notify you that she is still willing to work with you 100% to ensure that you get the domain.
It would just mean you monitoring the auction at sedo and not getting into any bidding war, and we just have to wait and see what happens in about 6 days time.

The matter is not lost, and even if the sedo price were to be higher than the ebay price, she would be willing to offer you a discount on any final selling price if you are the final bidder at sedo as a gesture of her good faith intentions in all of this debacle.

You have all of this information anyway as far as I am aware, so I really think your comments here were a little premature, although I do perfectly understand your disappointment and frustrations. I wouldn't give up hope yet though, you could still be the proud owner of this bargain (your words!) in about 6 days time!

regards

[DNP]

Originally Posted by ChrissyBoi

Hi DNP,

I am NOT actually the seller of these domains, they are owned by my cousin. If you are the same person who has enquired about them in pm's before, you would already know that.

I can't speak for the violation of any agreements at sedo or ebay, but I do understand that there was an unfortunate situation developed last night which I am advised you have been made aware of - which resulted in her being unable to monitor the end of the auction at ebay, and whoever she left in charge of that screwed up big time.

She would be more than happy to sell the domain to you and has advised that she is willing to work with you to resolve the matter.

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.

There is no law against selling a domain in two venues, and anyone is entitled to peddle their wares anywhere where it is lawful to do so. I don't think she expected the ebay name to actually sell, as a previous effort for the same name ended just the day before it was relisted and it did not go above $8K. I think the intention was more of a marketing ploy and advertising in anticipation of the sedo auction.

Initially when she became aware of what had finally happened, she immediately contacted sedo and asked them to withdraw the domain from their auction -- whatever transpired, there was then a query over the time stamps for the two auction venues.

When the time stamps were compared, it became apparent that the sedo listing had breached the reserve price 1 hour and 15 mins before the ebay auction, as I understand it.

Since both venues had the domain on reserve, there is no obligation to sell (and therefore no contractual agreement to sell) if the domain does not reach the reserve price.
The contractual obligations only begin at the exact point when the domain has reached or exceeded the reserve price - unfortunately that is exactly what had happened at sedo, and the name was supposed to have been withdrawn from the ebay auction about an hour before the sedo auction began if it had not reached it's reserve price.
This last piece of information is 100% consistent with what you have already posted yourself when you queried how she was going to achieve the selling at the two venues - and you were notified of the intention to pull it from ebay when the sedo auction as beginning if it had not reached or was approaching the reserve price threshold.

With all of that having been said and done - she did notify you that she is still willing to work with you 100% to ensure that you get the domain.
It would just mean you monitoring the auction at sedo and not getting into any bidding war, and we just have to wait and see what happens in about 6 days time.

The matter is not lost, and even if the sedo price were to be higher than the ebay price, she would be willing to offer you a discount on any final selling price if you are the final bidder at sedo as a gesture of her good faith intentions in all of this debacle.

You have all of this information anyway as far as I am aware, so I really think your comments here were a little premature, although I do perfectly understand your disappointment and frustrations. I wouldn't give up hope yet though, you could still be the proud owner of this bargain (your words!) in about 6 days time!

regards

I wasn't aware you can list the names you do NOT own for sale here (even in external links section).

I do not want to discuss this further but the fact that you suggesting to negotiate the final price on Sedo and give me "some discount" saying that you simply backed out and playing around with different potential sale opportunities (auctions). Also the email you sent to me earlier today is completely different to the stuff you posted here, unless it has been written by your lovely cousin.

Hi,

I am very much aware of my other response to you.
Unfortunately I left someone else monitoring it whilst I had my little girl to deal with, who fractuted her arm at TaeKwondDo training.

The matter is not entirely at a loss as you can still bid on the sedo auction.

The point I am making is that the Sedo auction breeched it's reserve price one hour before the eBay auction, and this will be determining legal factor.
You can work with me to try and resolve the matter in your favor with the sedo auction, or you can have a drawn out legal battle which will result in nothing for you - that choice is yours.

Even if you end up paying slightly more on the sedo auction, I am still willing to work with you amicably on a final sale price deal.

If you start getting all threatening with me legally, you will just get a blank wall. I have in family legal expertise, so we are fully aware of all of the legalities. The legal question will be based on when then Reserve price was breached, because that determines the start of a contract of sale. That took place at sedo.
Save yourself some stress and money and work with me here and this matter can still work out in your favor. It would just be nothing more than a change of final selling venue - that's all. The matter is not entirely lost.

I am sorry that something came up that demanded my urgent attention, and that the person I left looking after the matter failed to cancel the eBay aution -- I dealt with the matter as quickly as I could as soon as I became aware of it.
I also notified Sedo about it.
If I receve any legal threats from you or anyone else, I shall simply cease all communication with you and we can have a legal fight where you end up with nothing if you really want that.
For the present time however, I am willing to work with you 100% and ensure that this domain can still be in your possession.
My advice would be NOT to bid on the Sedo aution yet, but just monitor it. Don't bid war with anyone.

[CyrusL]

What a joke. DNP, I hope you do everything you can to get this name at the eBay price. I don't think all the "in family legal expertise" has taught ChrissyBoi what a contract is.

[ChrissyBoi]

You have already been contacted and advised of the desire to work with you 100% -- if after a week from today the position was still as you claim it is, THEN you might have some justification for taking this course of action, but at the present time your actiosn are somewhat premature.

If the seller was only intending to pull stunts with you, she would never have contacted you right away.

There has been a difficulty, that is not in dispute. There has been an unfortunate situation developed, and you have been advised of the desire to work that out with you - if you want to call me and the seller liars, go right on ahead and do so - that choice is entirely up to you.

I perfectly understand your disappointment and frustrations, but you are not doing your situation any justice whatsoever.

There are a variety of issues involved in this matter and the seller has been seeking to do nothing more than the right thing.

If she gives the domain over to you right now, she is leaving herself wide open for litigation with the sedo auction. The perfect solution would be for you to bid at the end in the sedo auction and even if it went beyond the amount at ebay you have already been notified of the desire to work with you on that.

I have a copy of the first message which was sent to you that same evening, and here is what the seller states to you:

<snipped irrelevant stuff>
The problem is that it was selling on BOTH sites at the same time, and exceeded the reserve on both sites.
However, the reserve on sedo.com was breeched at:
Bidder 1 Nov/29/07 09:25 PM CET 9,000 USD (or 8.25 GMT )
whilst the reserve on Ebay was not breached until
29-Nov-07 21:41:58 GMT, which was 1 hour and 16mins AFTER the reserve breach on sedo.
I have contacted Sedo and they are insisting on the sale.
-- although I would be more than happy to take your sale price and be done with, I regret at this time I am unable to do so.
I am sincerely sorry for this unfortunate mix-up. If you want to continue dialogue, as I expect you would, you can contact me direct at xxxxxx

Please get back to me.

I have highlighted the last part - please get back to me -.
Does that sound like the words of someone trying to scam you ?

I can advise you that the determining factor legally will be the point at which an actual contract of sale between buyer and seller was reached, and that was on the sedo auction. Even IF she were to give you the domain just now, YOU would most probably end up facing a legal challenge over that domain from the aggrieved sedo bidder!

The situation and position that had been advised to you was the best all round solution that would be a workable and very doable scenario, and one which could still end with you as the owner.

That would have been you bidding at the end of the sedo auction, winning, and then cutting a deal. It would mean having to pay sedo whatever the final price was so they get their commission, then the seller refunding any difference less fees to you to resolve the whole situation amicably.

You do not appear however to have any trust or faith in that. It is my suggestion that you wait a week or more from now, till after the conclusion of the sedo auction and whatever transpires, and if at that point in time you still have a genuine grievance to air, it will be your choice as to how you deal with that.

Doing all of this publicly at this time is only going to jeopardise your whole position in this matter. There is really no need to do that at this time. Does it really matter if the final selling venue is Sedo or Ebay, and does it really matter whether you pay for this now or in another week's time, because that is really all you are being asked to do?

I do sincerely hope that you did seek that legal advice that you indicated in your ebay pm to the seller, because I am 100% confident that your legal advisors will inform you that this IS the best solution, and it is one which also potentially saves YOU a headache in the future, and maybe even a lot of dollars.

So please just leave this as it is for the present time, say nothing more, and infer nothing about my integrity or that of the seller.

I have seen your posts on this forum and you seem a very decent and 100% genuine guy, and I do understand these posts as nothing more than blowing off some steam.
Let the steam cool off for now, and let's just wait and see what happens in 6 days or so.

regards

Originally Posted by CyrusL

What a joke. DNP, I hope you do everything you can to get this name at the eBay price. I don't think all the "in family legal expertise" has taught ChrissyBoi what a contract is.

Let me assure you that Chrissyboi knows 100% what a contract is, what forms a contract, at which point concensus in idem is reached, and all of the determining legal factors that would be adjudicated in this particular situation.

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.

Chrissyboi knows a lot more that you seem to have presumed.

[TurNIC.com]

I made a bid for this domain in SEDO and I am the highest bidder at this moment. WTF is going on? Should I cancel my bid?

TurNIC

[gorlov]

Originally Posted by ChrissyBoi

I can advise you that the determining factor legally will be the point at which an actual contract of sale between buyer and seller was reached, and that was on the sedo auction.

...

Chrissyboi knows a lot more that you seem to have presumed.

It's much more than that, and you don't seem to know much or you wouldn't be in this situation. Three contracts has been broken by you and/or your cousin, in addition to any contract with any buyer; 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.

.

[DNP]

Originally Posted by TurNIC.com

I made a bid for this domain in SEDO and I am the highest bidder at this moment. WTF is going on? Should I cancel my bid?

TurNIC

Hi Serdinc,

Briefly Speaking, the TS has listed this name on Ebay auction on Nov 22, 2007(pelase see the URL above) and I am a winner of those auction. Before making my first bid, the question has been asked why auction on Sedo will start right after the end of Ebay sale and seller ensured me thtat everyting is ok and he will cancell it if the Ebay reserve price met. I made a few bids, passed the reserve and won it...