Advice on how to proceed:

[Rockefeller]

I email an NPO asking if they wish to sell a domain name, they email and call and state that they want to sell it. I make an offer, she replies and accepts and wishes to proceed with the transaction. I initiate the escrow and then she realizes that she and her hosting guy are currently feuding over the domain name. I dont hear from her for a few days so I call her and ask what is going on. She tells me that she wishes to back out of the transaction. I want to pursue this, any suggestions?

 

[Dale Hubbard]

If this person doesn't sign up for the deal at Escrow, I'm afraid IMO you have little recourse.

 

[Rockefeller]

Ive been told that agreeing to a transaction via email is good enough. This true?

 

[Focus]

The damn hosting guy blew your cover dude...they always screw things up..i would have had cab . com from the old lady that owned it last for low xx,xxx if it was'nt for her web guy! grrrrrrrrrr

 

[Dale Hubbard]

Ive been told that agreeing to a transaction via email is good enough. This true?

No. However, it won't do the person's reputation much good so maybe take solace in that. In many countries (like the UK) there's a 'cooling off' period even with a signature on a 'forward purchase' contract so your email is probably not worth anything. But as I say, this person's reputation may suffer depending on how you deal with it.

 

[thevirtual]

I would find out who is the legal owner of the domain name and try to work out a deal. They are not legally binded to sell the domain though. I wouldn't give up but try to negotiate further.

thevirtual

 

[katherine]

Being 'right' is one thing, being able to enforce your rights is another thing...

 

[hugegrowth]

if it's a person who just happens to own a few good domains, they don't care about their rep in the domain world anyway.

 

[INVIGOR]

I think you've got little recourse for a lot of reasons. For example, what jurisdiction would take the case? Where you live? She lives? Hosting company is? Isp is? Registrar is? You'd waste more time than it's worth pursuing to probably be told there nothing to be done.

 

[Raider]

People are entitled to change their minds so long as they dont enter into a contract, whether this email could be considered a contract or not, remains a question since I haven't seen it. I agree with what aZooZa said in post #5, especially concerning the cooling off period, many states and countries have them.

 

[Rockefeller]

Heres an update:

Seller wants to move forward with transaction. We agreed in escrow, i submitted payment, we both also signed a contract, and I am going to send that via Certified mail to him as my first step.

 

[DNQuest.com]

I will disagree with with the majority of the opinons here. A contract is offer, concideration and acceptance. I will sell the domain (offer) for $$$ (concideration), you reply "yes" (acceptance). This IS a contract. A contract cna be orally, over a handshake, in email, on paper, through a lawyer, etc. As long as those 3 elements are covered, it is a contraqct. Too many domainers are dillusioned to what an actual contract is or isn't. It does not have to be signed on paper to be valid.

Now, the part that is tricky, is it an enforcable contract? and is it worth it to pursue in the court of law to make the other person adhere to the deal? That is up to each person. Usually, people just don't want to bother. that is why contracts are broken all the time, but this does not make it legal to do so. If you have emails and satisfy all the requirements of a contract, it could be enforceable.

For example, people speed all the time, does it make it legal to do so? If you are in the flow of traffic doing over 10mph, the same as everyone around you, and you are pulled over, You can't say, they are all doing it. You are the one they are enforcing the law for.

hope this helps.

 

[Rockefeller]

Thanks!

Just another update. We contacted the registrar, it seems the web development guy is a reseller of them. The auth code that the registrar gave us was actually wrong.. I tried contacting the guy using fax, emails, phone numbers, everything listed on his site and they were all invalid. The registrar has now opened an escalated complaint against him and he has 6 business days to reply, which he wont. After that, they will terminate the partnership with him and re-synch the auth codes, then its mine.