My Premium Domain Disappeared In A Dynadot Auction: Anything To Be Done?

[centreurope.org]

Hi,
a domain name I've purchased low xx,xxx about 8 years ago and then handled to a partner which was developping it has been sold on a Dynadot auction. My partner had not noticed that the domain name was expiring and me neither.
The domain name is still with Dynadot, as they have sold it before it entered the redemption period. I've asked my account manager to refund the price paid by the buyer, but she refused. We asked for it (a few days) after the 40-days renewal period, so she said that nothing could be done.
My question is the following: Can Dynadot sell domain names that are not theirs? I woud be willing to know if there is any way to recover this domain name?
thanks

 

[RON2]

Sorry to say there's no way to recover it. Under their Terms of Service, they reserve the right to sell it after the 40 day period and disclaim themselves from any liability to you. It would be unfair to the new buyer at this point if they canceled the fairly-conducted auction.

...the Post-Expiration period will last for forty (40) days or until You pay the renewal fee to Dynadot in the amount specified on our web site. You understand and agree that, if You have not renewed the domain by the thirtieth (30th) day of the Post-Expiration period, Dynadot may put the domain name up for auction in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, You may still renew the domain until the end of the Post-Expiration period. If You fail to renew the domain during the Post-Expiration period, regardless of reason or fault, You understand and agree that Dynadot may, in its sole discretion and without any responsibility or liability to You, make a final and irreversible transfer of the domain to another party.

 

[NameYourself]

From my experience, domains at dynadot enter auction after 30 days of being expired. It's about a 6-7 day auction during which time I believe you can still renew the domain. Once the auction concludes on day 36.. 37ish it might still be possible for a day or two.. but after that, it goes to whoever bought it at auction.

For some reason I do believe they put a temporary hold on the domain after an expired name has been auctioned and won. It will show in the new person's account but I believe it takes something like 30-60 days during some kind of whois holding period before they are able to modify/potentially use it. Depending on if it is still in this state, you may want to get a lawyer and see if there is any recourse. That holding period must be there for a reason. Just keep in mind, if this is a xx,xxx name like you said it was, there will be strong motivation on their end to not let a sale like that get reversed. Good luck, what was the name?

 

[centreurope.org]

many thanks for both answers!
@RON2: I'm not surprised that they include the sale of a domain name after 40 days in their TOS. thanks for pointing out this part of the contract. But I guess that, even though I agree on a contract, an illegal clause can be denounced.
@NameYourself : I believe that the domain name is still in auction lock. The last 10 or 15 years, I've never neeeded any lawyer, but for sure, I'll get one, in case there is a chance dynadot can reverse the sale.
It is a French generic domain name, registered back in 1997 with some traffic (miniwebsite) in a profitable sector