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the reserve price - unfortunately that is exactly what had happened at sedo, and the name was supposed to have been withdrawn from the ebay auction about an hour before the sedo auction began if it had not reached it's reserve price.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