973.com - Stolen?

[jberryhill]

I still don't see the 800-lbs gorilla in the room, other than a sale gone south - because the seller gives cryptic reasons for not fulfilling it.

Let me see if I can make the gorilla clearer.

I was responding to your statement that there was no contract to sell here. As you know, contracts can take many forms.

If a seller says, "we have no contract, and I have changed my mind" then the issue of whether there is a contract is in dispute.

If the seller, as indicated here is saying, "I can't go through with the contract because there is some external cause which prevents my performance" then the issue of whether there is a contract is not in dispute. The seller has admitted the contract, but is claiming an excuse for non-performance. In particularly, the seller is claiming the legal ground of impossibility of performance.

If the name was stolen and is under dispute at GoDaddy, then there is nothing which prevents Matt from providing more detail about the circumstances. He is under no obligation to anyone not to explain the circumstances. Yet he refuses.

Therefore, Elliot is reasonably suspicious as to whether he is attempting to back out of the sales contract. Raidergirl's comments to the effect that there is no such thing as a binding sales contract should give anyone pause, if that is the general attitude here.

While Elliot has been trying to complete this deal, he has had to keep payment ready, which payment could have been used for other things. Hence there is a real opportunity cost to Elliot, or to any prospective buyer, if the seller - having agreed to sell - then decides to hem and haw and provide factually unsupported excuses for not performing as agreed.

 

[kwok]

Having dealt with Matt on several occassions I feel a need to say a little here.

Matt has sold me domains , and has stuck to the deal even after a better offer has come in . A deal is a deal , so to speak. And Matt has always been 100% .

If he says that there is a problem with the domain , then I think you should thank him for not selling you an ass .
This is not a case of Matt holding out for an extra $500 , it really is not his style . He is doing a few hundred K a month in sales , and this sale is only a small one as far as he would be concerned , IMO.

As far as asking Godaddy for their opinion .... LOL..... thats a bit like asking your regfly rep ... ( that is just an opinion )

I was in Matts situation once , and the dubious domain sat in my account for several months until it was returned to its rightful owner by due process. I was the ultimate looser , as Matt will be here . So it is in his credit that he has not tried to flip it on etc ..

There are 999 other NNN.com domains and most of them are available on the reseller market , I suggest that the buyer just moves on & thanks for enlightening us that this domain has issues attached. But this should not reflect bad on Matt , that he has NOT tried to sell the domain , whilst he was aware of the problem.. For that he should be commended .

And as always on DNf , hang him first ... trial later ...
i respect that we are looking out for each other , but posts such as " Ban Him " ...???? why , because he refused to sell the dubious domain .. Ban the numerous scammers on this forum first IMO

Well said, and I couldn't have put it better. I have purchased 3 letter .com domains from Matt before and he is always honest and quick in response. If he tells you the name has problems, he means it, and you should be glad that he sold you the name that has issues.

 

[Theo]

Thank you for the detailed explanation John. This is no gorilla, it's King freaking Kong!

 

[Gerry]

Thank you for the detailed explanation John. This is no gorilla, it's King freaking Kong!

Damn, and I thought there was nothing to learn on these forums. One of the most enlightening thus far.

 

[Dave Zan]

If the name was stolen and is under dispute at GoDaddy, then there is nothing which prevents Matt from providing more detail about the circumstances. He is under no obligation to anyone not to explain the circumstances. Yet he refuses.

One unfortunate thing about that is Elliot might have to "force" the issue if he
wants to hold up Matt to their agreement. Good luck to both of them.

Without details from Matt or Go Daddy regarding the domain name, neither of
which have to give any unless legally forced to, no one can really tell what's
going on aside from what's posted here so far.

 

[JRBHosting]

Wow...I hate to hijack your thread, but that name is amazing...my area code

Anyways, carry on

 

[Deleted member 70408]

One unfortunate thing about that is Elliot might have to "force" the issue if he
wants to hold up Matt to their agreement. Good luck to both of them.

Without details from Matt or Go Daddy regarding the domain name, neither of
which have to give any unless legally forced to, no one can really tell what's
going on aside from what's posted here so far.

I have an email in to the executive accounts management supervisor and the Godaddy office of the president who are looking into this. I just want to see if he was bullshitting me when he said he received an email from Godaddy. I will keep the thread updated when I find out more.

 

[Duckinla]

I have an email in to the executive accounts management supervisor and the Godaddy office of the president who are looking into this. I just want to see if he was bullshitting me when he said he received an email from Godaddy. I will keep the thread updated when I find out more.

Honestly, I would be very disappointed with Godaddy if they shared much information with you. Nothing against you, but they would be way out of line to share with you information regarding communications with another client of theirs. They should stop cold your requests for information regarding someone elses domain.

 

[csitenet]

No, fortunately, payment had not been made yet.

I dont see any point of you making a thread about it here at all. There is no legal agreement provided that you currently own the domain as you haven't even paid for it, so i dont see where you get the idea the domain is stolen from you. Now it seems like the seller instead of letting you have a possible fraud domain is taking the hit himself and investigating, once he is done im sure he would continue the escrow.

 

[Deleted member 70408]

I dont see any point of you making a thread about it here at all. There is no legal agreement provided that you currently own the domain as you haven't even paid for it, so i dont see where you get the idea the domain is stolen from you. Now it seems like the seller instead of letting you have a possible fraud domain is taking the hit himself and investigating, once he is done im sure he would continue the escrow.

Clearly I don't own the name nor am I saying the name was stolen from me. Did you even read the entire thread before providing your opinion? The reason I posted the thread was because Shytkicker backed out of an Escrow transaction that he agreed to, claiming there was an issue with the name but offering no proof. Insofar as the name is not currently locked by the registrar or the registry, something seems fishy. The seller criticized another seller for backing out of an Escrow.com agreement, and I didn't think he should be so hypocritical. If the seller were to offer any proof of the name being stolen, I would owe him a debt of gratitude - and you better believe I would be the first to post an appreciative thread. In fact, if this guy is 21, I will even buy him a bottle of Ketel One since he is in Brooklyn and I live in Manhattan.
Bottom line is that the seller is not forthcoming with proof of what he claimed and is not answering any questions about it.

I dont see any point of you making a thread about it here at all.

And I don't see any point in your uninformed post.

 

[Duckinla]

Well he doesn't have a track record of this, his trader rating is like 36 and several people have vouched for him. Maybe you should take him at his word the first time. Someone once told me: Once is an occurance, twice is a coincidence, three times is a pattern.

 

[Theo]

Hey, another New Yorker stiffed me off a Sedo transaction a few weeks ago, maybe there is something in the NYC water?

 

[GT Web]

I dont see any point of you making a thread about it here at all. There is no legal agreement provided that you currently own the domain as you haven't even paid for it, so i dont see where you get the idea the domain is stolen from you. Now it seems like the seller instead of letting you have a possible fraud domain is taking the hit himself and investigating, once he is done im sure he would continue the escrow.

Next time:

1) Read thread carefully
2) Make an intelligent post

Not doing #1 often leads to problems at #2

 

[Deleted member 70408]

Well he doesn't have a track record of this, his trader rating is like 36 and several people have vouched for him. Maybe you should take him at his word the first time. Someone once told me: Once is an occurance, twice is a coincidence, three times is a pattern.

I am not trying to do anything but inform people of what happened. People can make their own judgments.