Domain Name Wire

Domain Name Wire

9 Comments
  • Very interesting but I am not sure it will sell…

  • John Berryhill says:

    July 1, 2010 at 11:08 am

    At this point, the seller should offer a title warranty. There have been so many claims concerning this domain name, that some sort of assurance concerning resolution of those claims and indemnification against any remaining claims would be appropriate.

  • I agree with John B. A clean sale with no baggage may attract more interest.

  • John Berryhill says:

    July 1, 2010 at 2:01 pm

    “Does the bankruptcy process limit liabilities at all, or did it need to be auctioned by a court appointed receiver to limit those encumbrances?”

    The point is that prospective purchasers should be relieved of the burden of figuring out answers to questions like that.

    Given the general impression, from a distance, that “there’s been a lot of litigation involving this name”, trying to determine whether some joker out there might have any sort of claim is something that would easily occupy the better part of a long afternoon. Even an aggrieved party who thinks they have a half-baked claim would be something of a nuisance.

    It would be great if the sale came with some kind of assurance that everyone involved in the twisted history of this name is now a happy camper.

  • John Berryhill says:

    July 1, 2010 at 2:41 pm

    …and I am not saying there is any sort of existing title or third party claim issue. It may very well be that all potential claims have been settled or are otherwise barred.

    I am simply saying that there has been enough contention, that if I were considering dropping tall cash on this thing, then I’d be looking for something better than a hunch.

  • domain guy says:

    July 1, 2010 at 4:12 pm

    as usual an attorney wants a guarantee on a non government auction.the court could simply provide clear title of any future
    encumberances..and this could be accomplished and requested by the existing leinholders…ie mike mann….and he is sharp enough to provide this to any potential buyer.in commercial transactions title policy cost 1% of the transaction.10 million asking price equals 100k.

  • John Berryhill says:

    July 1, 2010 at 5:35 pm

    “as usual an attorney wants a guarantee”

    No… its one thing to buy something at a fixed price and insure the transaction. It’s another thing to attract bidders to drive up that price in the first place. I’m hoping the owners and creditors get the most possible.

    Something as simple as an opinion letter only needs to be written one time. I did mention “some sort of assurance” which, IMHO, could enhance bidder interest.

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