StoutFiles - 3:22 pm on May 5, 2010 (gmt 0)
ure, signed contracts are great and help with cases like this but in there absence remains the evidence that a sale was executed. Here there is a) an agreement b) a request for the funds c) payment of the funds and d) no statement to date that the deal has been canceled.
Yes, but the law also states that the most you'd be entitled to is punitive damages. You wouldn't get the domain, it doesn't work that way. You'd get paid according to the money you lost by not having the domain, which would NOT be $200,000. Just because another guy sold it for that much doesn't mean that you personally can claim you could/would have sold it for that much. I'm not sure what exactly you could claim for punitive damages, if anything.
I think the big reason you're doing is "AHH that guy made $200,000 off a domain that could have been mine I want that money". That ship has sailed. You could try and stick it to the seller but it'll likely just cost you more time and money. Courts don't normally punish people for informal email agreements and prompt refunds, or else everyone would be in court all the time.