Auctioneer denies counterclaims in non-paying bidder dispute.
Right of the Dot has responded to David Lizmi’s affirmative defenses and counterclaims in a lawsuit stemming from its February 25 auction.
In that auction, Lizmi bid $2.5 million for bird.com and $1.6 million for fish.com but didn’t pay. As a result, Right of the Dot and the owner of the domains sued Lizmi.
Lizmi responded to the lawsuit and countersued. His main arguments seem to be that he wasn’t authorized to bid more than $2,000 in the auction and that he received outbid notices on the domains, so he thought he hadn’t won.
Last week, Right of the Dot filed its response (pdf) to Lizmi’s defenses and counterclaims. The response denies the claims and adds a bit more color.
According to Right of the Dot’s response, “The terms and conditions to which Lizmi agreed in order to participate in the auction state that the auctioneer’s decision and hammer price supersede any and all notices bidders receive during an auction.”
While I can’t find this specific term under such wording, bidding platform HiBid’s terms give wide latitude to the seller to determine the outcome of each auction.
I only hypothesis and make no statement or inference, but perhaps the terms and conditions may be the undoing ? Unfair term ?. Surely you cannot hold an auction where highest bidder thinks he has won, yet the auctioneer/seller be able to say no ,I want xyz to be the winner ? What is the point of an auction if that is the case ? Anyway I guess it will all come out in due course.
I can attest that you didn’t need to verify anything outside of a low limit credit card to bid high amounts, those limits were waived when the auction opened.
I’m glad true face and nature of Monte is now coming out for everyone else to see. His lost so much trust and respect just from this single lawsuit and his last auction. Think it’s time he changes his day job, think MLM marketing etc is more suited to him.
So, who gets the compensation for all the damages?
David Lizmi, you have been vocal about it. Can you give us more significant updates?
It is really interesting!!!!
David Lizmi, did you get the proceeds from the sale of your domains from that auction or are they deadbeat buyers?