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Selling a Domain and Having Issues

buyer says he is overseas and can't transfer the money

         

suzyvirtual

4:44 pm on Jan 14, 2006 (gmt 0)

10+ Year Member



I recently reached a domain sale agreement in the high $X,XXX at one of the major domain brokering services. In fact, the agreement was reached exactly 1 month ago. Because of the holidays, I wasn't at first alarmed that the buyer had not yet transferred funds, but a couple days ago I emailed the brokering service asking what was going on. The brokering service emailed back that they haven't recieved payment and that the buyer is abroad and therefore cannot transfer funds, but still wants to buy the domain.
I am not sure how to proceed now. First of all, it seems to me that you could transfer funds with the proper phone call from abroad. Am I wrong here?
Also, it seems irresponsible of the buyer to enter into a contract if he knew he could not actually transfer the money anytime in the upcoming month.
It is a fairly desirable name, and I am pretty confident that I could get another buyer quite easily if it was back on the market--but, for now I am in an eternal "under contract" purgatory. Should I just keep waiting?
Advice? Experiences?

larryhatch

4:48 pm on Jan 14, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Suzy:

Obviously this is a sensitive matter.
Would you care to tell us which country the buyer is from? -Larry

Webwork

5:15 pm on Jan 14, 2006 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



That's a load of crap. If your buyer is anyone he/she will have a bank connection who is their goto person in such situations, including doing business while overseas.

1. He/she could be scrambling to raise funds, oftimes by having their own domain fire sale.

2. He could be looking to flip the domain, by first tying you up in a contract and then looking for a secondary buyer.

3. I've never been a big fan of brokerage services, as the few times I've used them on the buy side I've had problems.

4. Could just be someone stringing you along. That's why I use a very short leash when making a sale: Payment in 3-5 days or the deal is off.

Just tell the SOB the deal is off for failure to make timely payment. IF you have a truly motivated and good faith buyer they will find a way to wire you the funds at that point. Don't accept a promise of payment at that point. "Money talks, BS walks."

I once terminated a deal, canceled the escrow arrangement and told the buyer in an email I could only conclude they were a fraud after the several failures to deliver on their promises. The next day the money $$,$$$. arrived in my personal account, no escrow (1 of 2 original options) followed by a profusely apologetic email from a senior partner of a company advising that a certain incompetent subordinate was removed from the transaction.

Sometimes telling a buyer to go to heck is what is needed.

Leosghost

5:26 pm on Jan 14, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Have to say I thought that when seeing the OP earlier ( those things ) too ..
But only webwork could say it in his forum so forcefully without being presumptious with charter ..;))
I might have gone to 10 days wait before asking where the money was ..longer smells ..

Key_Master

5:41 pm on Jan 14, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I had a similar thing happen in December.

The problem with some escrow services (ie Sedo) is they don't tell you who the buyer is and you are legally bound to a buyer/seller contract that has no time limits to the transaction.

My advice is to ask the brokering service to cancel the transaction (as I did).

robho

5:55 pm on Jan 14, 2006 (gmt 0)

10+ Year Member



Check the contract - there often is a time limit.

I had the same problem with a $nn,nnn domain last year (and, with the same domain and brokerage, the previous year, where the buyer eventually backed out with no penalty).

This time, I didn't have as much patience and cancelled the contract after three weeks (they had less time than that to pay, in the contract).

If it's a good domain, there's always another buyer later. I sold the domain privately later for more. And removed all the rest of my domains from the brokerage.

Webwork

6:21 pm on Jan 14, 2006 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Frankly, there ought to be pressure brought on any domain brokerage that employs sales contracts without payment time restraints. That's just rubbish. A play for the brokerage to maximize its chance to rake in a broker fee. Utter rubbish. Time is of the essence in domain sales!

In the age of electronic transactions any payment beyond 10 days is a sign of trouble. Any brokerage agreement ought to provide - by default - that if payment is not delivered within 10 days the offer to sell is terminated.

Personally, absent compelling proof that I'm dealing with corporate chain of command issue, I don't allow 10 days in those rare cases where I sell a domain.

A serious buyer will be able to deliver payment within 3 days of agreeing to a deal. I've had serious buyers FedEx bank checks overnight - from the day we struck a deal based upon a telephone call.

It's a seller's market, IMHO, for quality domains. STOP letting the buyers or brokers dictate the terms of sale.

Frankly, for quality domains brokers are entirely unnecessary. Buyers will find you and, at most, you'll need an escrow service - that doesn't rake off a percentage of the sale price - to close the deal.

Sellers - Stand up for your rights and start stating your protest! Demand that brokerage form contracts become more seller friendly. Make your sentiments known.

(Smiles benevolently at audience. Closes Domain Bible. Steps down from pulpit.)

suzyvirtual

6:50 pm on Jan 14, 2006 (gmt 0)

10+ Year Member



Thank you for all the advice. It is through sedo, btw (i was trying not to name names) and i have read and reread the contract trying to figure out when the "agreement" gets cancelled for lack of payment--looks like never. So, I will email them and ask to cancel the agreement, hopefully they will comply.

robho

11:55 pm on Jan 14, 2006 (gmt 0)

10+ Year Member



The sedo contract states "The payment is to be transferred by the Buyer without delay upon receipt of invoice".

"without delay" is debatable but a week or two is plenty of time, from anywhere in the world.

ogletree

12:22 am on Jan 15, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Be carefull I would not be suprised if this was a way to try to rip you off. Don't do a deal if it is not secure.

stu2

12:42 am on Jan 15, 2006 (gmt 0)

10+ Year Member



Any serious buyer would have found a way to wire transfer the funds.