Ouch.com (for sell or reselling)

[Togoodhlth]

So you bought it from someone who fradulantly obtained it?
If your friend paid $7500 for it why are you selling it for $3000.
Why did your friend cancel the echeck?
Where is your friend located (address) as I am sure Allen would like to know so he can report it to the Internet fraud division of the FBI?
How much did you pay your friend Mr. Wan for the domain name?
Do you have proof of payment?

There are a lot of questions which will need to be answered in order for Attillo to solve this problem. He is in a tough spot as you can imagine. Once everything is sorted out and the evidence is examined I am sure Attillo will make the proper decision.

Really the best place to start is Paypal and Ebay as their information will prove beyond a shadow of a doubt who is telling the truth.

Good luck to all involved.

 

[domnet]

nm

 

[domainp]

I didn't rip anything. How can I know about a check if I wasn't paying for the domain name - my friend did. It's his problems. I don't want to loose my domain name because of this

 

[fmmp]

What did you pay for the domain domainp? Have you contacted your friend to verify any of the info you have received here? If you don't care about how your friend obtained the domain and any legalities you obvious don't have any morals. Have you put yourself in the place in the original owners shoes? That is if everyone is who they say they are and things have happened as posted.

 

[gckorn]

Okay, I'm a lawyer so I guess I should throw in my 2 cents.

One way to look at this is, who is the Bona Fide Purchaser for value (BFP). That is the person (if any exists) who will keep this domain. (At least under the Restatement, not sure if any UDURP stuff supercedes this.)

By BFP, I mean: who (1) paid money for the domain, (2) without knowledge of any deficiency in title, i.e., without knowing that the seller really didn't own the domain. Thus, in a typical state (Indiana): "The UCC does not define "voidable title." However, we have held that Ind.Code § 26-1-2-403 is consistent with Indiana's common law, which provided that "legal title passes to a defrauding buyer. This title is not void; it is voidable, which means that when title gets into the hands of a bona fide purchaser for value then he will prevail over the defrauded seller." Thus, a "defrauding buyer" obtains voidable title. However, a thief obtains void title. See, e.g., McDonald's Chevrolet (holding that a renter who stole a motor home had void title, not voidable title, and could not convey good title).

At this juncture, since words of caution can only really help vis-a-vis future events, I would caution that NO ONE visiting this thread can reasonably claim to be a BFP for any future transfer. Everyone here knows that there is an issue. Therefore, BFP status is pretty much negated. So at least be careful going forward.

gckorn
[email protected]
http://www.Maine.info

 

[Donna Mahony]

If you didn't pay anything and your friend did not pay anything, then you are out nothing!!

 

[Togoodhlth]

See it is also your problem at this point because you received stolen property.

My question is how did you pay this Wan gentleman and how did it get transfered to you so quickly?

I am sure you have your receipt for the transaction from WU or whatever escrow or payment service you used.

If what you are saying is true you were scammed by your friend. I suggest contacting him and asking why he stopped payment on his echeck.

BTW, how much did you pay for the name?

 

[Spider]

I doubt he was your friend. If you recieved a stolen car from your friend do you think you could legally resell it to someone else? Hell no. Just because YOU didn't steal it doesn't mean it's not stolen. You don't own this domain and you don't have the right to sell it.

 

[LewR]

What an idiot - domainp is afraid of losing an illegally obtained domain - I too am glad attillo has a hold on the domain until things are sorted out - at least the name will wind up with the rightful owner.

Back when the name was first posted - there was a bad smell - and some of us recognized that smell.

The FBI should be brought into this NOW - and if no one knows how to report this properly, I will make the move. The FBI now deals with international events as well.

 

[domainp]

Sorry guys, but I passed the domain to "opencg" and received money from him cause Atellio is not doing it the way it needs to be if the judge is fair. Let OPENCG deal with this now cause he's the owner

 

[LewR]

The staff of DNF should have involved the authorities at this point - even if it is cleared up - it would prove who is inteested in the right thing!!

 

[opencg]

i been negotiating with domainp for the purchase of the domain also its good for any buyer of a domain to keep evidence thats why escrow.com exist that is hard proof that the domain was bought if this is the case the problem will then come to the light sooner or later.

 

[jberryhilljberryhill is verified member.]

"One way to look at this is, who is the Bona Fide Purchaser for value (BFP). "

...if you assume that domain name transactions are within the scope of the UCC...

I don't have time to sort this thread out, so let me see if I followed the allegations correctly.

1. Party A had the domain name.

2. The domain name was bought by party B.

3. Party A alleges it was not paid by party B.

4. Party B's friend offered the domain name for sale here.

5. Party C agreed to buy it and has received transfer of the domain name.

6. Party C has not yet paid Party B's friend because of the allegation of Party A.

Is that where we are?

 

[Donna Mahony]

domainp you sold it to attilio, if it is proven you rightfully own it and can sell it..Attillio is the owner. Why would opencg buy a domain so openly in dispute..this is WILD!!!

 

[fmmp]

OpenCG what have you gotten yourself into? It seems that domainp has gotten $$ for a domain name he never owned. Also, someone will be filing a civil suit to have monies returned after this is over.

 

[LewR]

opencg - are you a part of the scam or the solution?

 

[Donna Mahony]

John, you have ABC all correct )

 

[fmmp]

OpenCG still doesn't have control over the domain - Attillo does.

jberryhill you have to read the entire thread to get the just of it! It's ashame that people can be so gullible, stupid and money hungry.

 

[Spider]

opencg has to be part of the scam. no one in their right mind would pay someone $3000 when that person already gave the domain to someone else.

 

[opencg]

its all about solution topnames was negotiating first then i stepped in and never left if there is a problem with the domain in the future i surely have hard evidence about the situation.