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Old 06-10-2009, 11:40 AM   #6 (permalink)
marcorandazza
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Name: Marc J. Randazza
Last Online: 11-16-2009 08:31 PM
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Quote:
Originally Posted by 24HourDomainer View Post
dont even waste time on such a contract, if the broker finds a buyer.. you can have him added for commission on escrow.com - their is no need for contract...
Very bad advice.

For example, 15 USC s 1125(d) provides for liability someone who "traffics in" a domain name that was registered or used in bad faith. The likelihood that this would apply might be low, but if I were a broker, I would want an indemnification agreement. Also, there are likely some issues with respect to what services the broker will provide, no?

There is a lot more to such an agreement than a simple issue of getting the commission paid. What about confidentiality? Trade secrets? There are myriad considerations for any serious business.

It is utterly foolish to work without some kind of contract, and most lawyers wouldn't charge a whole lot to whip one up for you. I don't think that I would be a good fit for this task (although I do these all the time) as I have a pretty high initial retainer amount, which would probably be cost prohibitive for you.

If none of the lawyers who regularly post on here work for you, you might want to try Darren Spielman at Kain & Associates. http://www.complexip.com/
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