For instance, I have registered Example.com¦net¦org¦us¦tv¦cc which is a simple sale and transfer process.
I have many country versions of the domain, registered in separate countrie, each country with specific rules.
My intention is to sell all the domains for the same domain word at once: Example.com, Example.de, Example.tv, Example.ie, etc.
My concern is a buyer who has difficulty complying with registar requirements for some of the country domains. This could cause the sale process to be held up for weeks or the buyer invalidating the sale due to 1 out of the 10 domains failed to transfer due to the buyers failure or unwillingness to meet the requirements for some countries.
I assume it is not unusual to sell a group of domains in this fashion so, as a seller, how can I protect myself from the deal going bad in the middle of the transaction, say after some - but not all - of the domains have been transferred?
What terminology should I use in the sale contract? Perhaps buyer has x days to meet registar requirements? What else?
[edited by: Webwork at 2:47 pm (utc) on Feb. 22, 2006]
[edit reason] Clarification [/edit]
I would start by requiring payment in full, in escrow, before proceeding.
Due to the unusual nature of the transaction I would use the services of an attorney or other mutually trusted party to handle the escrow. It appears a bit beyond the normal escrow service.
I would spell out that the seller's sole duty is to release the domain upon a proper request.
If there are registrar specific limitations on such transfers I would spell that out, in mutually signed writing, before proceeding. You might want to spell out what amount of money would be refunded if there is a transfer failure of any 1 domain due to no fault of either party.
These are some quick ideas. I would strongly suggest that if there is a significant amount of money at stake in any such transaction that you employ an attorney to oversee the drafting of documents.
There were 2 attorneys who spoke at the last PubCon on domain issues who likely would be able to assist you, Ms. Wilcox [pubcon.com] and Ms. Berryhill. [pubcon.com] You can also do a look-up of WIPO and National Arbitration Forum decisions to find atttorneys who are routinely involved with domain related matters.
The problem will be in the time it takes the locals to provide the buyer the business identity.
