Domain Ownership Controversy Arising From Website Development Agreement (Verbal) With Non-Paying Client

[MattyP]

I did a website for a "friend" on a verbal agreement, and he did not meet his part of the agreement. I sued him to collect what he owed me, and I lost because we did not have a written contract.

However, I own the domain, and now he wants it back. He had some guy call me wanting the domain transferred to him. I told him no, and he asked if they could buy it from me. I told him it was not for sale at any price.

Am I within my rights as the domain owner to hold out on it?

[nealrodriguez]

If someone posts a legal issue thread, wherein they state that they have been contacted by legal counsel for "the other side" the only advice that should be given is to strongly encourage the person to stop posting details in public forums and to immediately seek a private consultation with a lawyer.

period

[MattyP]

Here is where we stand at this moment, alot has happened since I posted this thread...

Immediately after the case was dismissed in small claims court for the lack of a written contract, they offered to buy the domain back from me. I told them it was not for sale at any price. Then we had a "settlement meeting" which turned into a pissing contest and I walked out. I then filed an appeal for the case to be heard by a jury trial, and that case is now pending.

So then I put the entire story on the website and how I was ripped off by this individual. They have sent me a letter of intent to sue for a whole myriad of charges, CIVIL AND CRIMINAL, stating I "fraudulently obtained ownership of the domain", and they have contacted the registrar and they will be taking over the domain within the next 48 hours with or without my cooperation. I responded to their letter of intent to sue by asking them to provide documentation that establishes their ownership of the domain, and they replied that "they are not under any obligation to do so". I told them if they provided me with the documentation I would be more than happy to transfer the domain, however I happen to know they have no such documentation. So now a jury trial is pending, but they are threatening me with every imaginable kind of civil and criminal charge they can dream up.

I have read the registrar's terms, and disputes are handled through UDRP... and I seriously doubt that gets done in 48 hours.

[MattyP]

Also, I have NOT been contacted by "legal counsel" from the other side, the letter of intent to sue was from THEM, and not an attorney. I happen to know the guy can't even spell attorney, much less pay for one.

[davezan]

Generally speaking, registrars (especially those catering to end
users like you and me) won't do that unless it can be shown that
it was "compromised" (e.g. fraudulently transferred between two
registrar accounts) or a UDRP or court order is secured. And yes,
that sort of thing doesn't get done in 48 hours.

Won't be surprised if they also threatened the registrar. But...I
seriously doubt that registrar was born yesterday.

Threats are easy. Following through on them isn't always.

David

[incrediBILL]

Like I said previously, lack of written contract burns both ways, you didn't get paid and they didn't get the domain name, seems like a fair trade to me if they pay hand it over.

[kaled]

Sounds to me like you're both nuts. I'm guessing, but if it reaches a judge, he/she will likely form the same opinion as would a jury.

Settle.
If you have such a thing as an arbitration service, use it.

Kaled.