Buying A Domain Straight From The Owner

[F5K7]

I am used to buying my domains in auctions, but I might have the chance to buy a domain straight from the owner this time.

This is a first for me and I'd like to hear from someone who went through this already.

What was the proccess like?
What kind of contract did you use?
What way of payment? Escrow or any alternatives?

I will only obtain the domain and not the content, so I don't have to worry about transfer of copy rights etc., but what about trademarks?

Anything else one should pay attention to?

Thanks!

 

[Golan]

In case of any conflict, your email history would be enough as a proof. No one signs contracts for domains for less than let's say high $XXK. But you can, of course, if it's necessary for yourself or your counter party.

As for the payment, if both parties are well known reputable bodies you can even pay with paypal. Otherwise, for the seller paypal is usually unfavorable because of danger of chargeback. In all other cases, for both parties it's better to use escrow. Escrow.com is getting tons of killing bad reviews lately, Payoneer escrow is much better and their fees are much lower. They will consult you about how to hold the whole process.

Re trademarks, you check them on uspto.gov, wipo.int, etc.

Ask me if you have any additional questions.

 

[F5K7]

In case of any conflict, your email history would be enough as a proof. No one signs contracts for domains for less than let's say high $XXK. But you can, of course, if it's necessary for yourself or your counter party.

While the price itself isn't worth a contract, the site I build on it hopefully is worth high $XXK some day. Any templates for such a contract you have at hand by any chance or some resource you can point me to?

Payoneer escrow is much better and their fees are much lower. They will consult you about how to hold the whole process.

Awesome, didn't know they offered this service but I was very happy with the other services they provide, so I'll definitely give them a try in case we go for an Escrow.

Thanks!

 

[Tove]

In case of any conflict, your email history would be enough as a proof. No one signs contracts for domains for less than let's say high $XXK. But you can, of course, if it's necessary for yourself or your counter party.

As for the payment, if both parties are well known reputable bodies you can even pay with paypal. Otherwise, for the seller paypal is usually unfavorable because of danger of chargeback. In all other cases, for both parties it's better to use escrow. Escrow.com is getting tons of killing bad reviews lately, Payoneer escrow is much better and their fees are much lower. They will consult you about how to hold the whole process.

Re trademarks, you check them on uspto.gov, wipo.int, etc.

Ask me if you have any additional questions.

What do to if there is a trademark on a domain I already own?
When I was buying the domain last year, I checked on uspto.gov and it was clear, trademark expired same month as I bought the domain.
But now checking on wipo.int there is a trademark registered for the same term but in China, does that matter?

 

[Ryuzaki]

but in China

There are regional trademarks. So like... in your state or smaller area of the United States, and then big regions, and then nationwide, and then global trademarks. I don't know anything official or authoritative on the subject beyond that much once when I researched it. If they don't have a trademark in the US, you're likely fine, especially if they don't do business in the US. If you're concerned I'd reach out to an internet lawyer for a real quick consultation on it. Should be an hour's worth of their time to check it out.

 

[Golan]

Any templates for such a contract you have at hand by any chance or some resource you can point me to?

No, i never used such contracts. You may ask at specialized domainer forum. But what do you worry about? People buy and sell millions domains daily. Once a domain is yours, it's yours.

What do to if there is a trademark on a domain I already own?
When I was buying the domain last year, I checked on uspto.gov and it was clear, trademark expired same month as I bought the domain.
But now checking on wipo.int there is a trademark registered for the same term but in China, does that matter?

I'm not a lawyer. From what i know, if a trademark is registered after you registered/bought a domain, the win is yours. About Chinese Trademark, you have nothing to worry about unless you are going to work on Chinese market in the same niche as the TM is issued for.

 

[F5K7]

No, i never used such contracts. You may ask at specialized domainer forum. But what do you worry about? People buy and sell millions domains daily. Once a domain is yours, it's yours.

You are probably right and I hope I never have to prove anything. However, being on the safe side can't hurt. Also most of the discussion happened on the phone, so our emails aren't really what I want to rely on.

In case anyone else is looking for something like this, I found those.

 

[backwoods]

I've sold several domains to random people who contacted me. I used Escrow.com for all the transactions. Was very easy and straightforward.