I use several different domain name purchase or sale agreements depending on the situation. Each of these agreements references “WHOIS” as a means of confirming ownership of a domain name before or after a sale.
With the sunsetting of WHOIS in favor of the new RDAP, it might make sense for domain investors, brokers, and escrow agents to update their contracts. This was the advice of IP attorney John Berryhill, who works extensively within the domain name industry:
Anyone dealing with domain name contracts might take note of the fact that WHOIS is no longer a registrar requirement, and including reference to it in domain name contracts (as opposed to ‘registration data maintained by the registrar’) may open up a can of worms.
— John Berryhill (@Berryhillj) February 13, 2025
He subsequently some of the larger companies in the space adjust their purchase agreements:
One might also have a look at existing contracts which reference “WHOIS” or “WHOIS data” in view of the deprecation of WHOIS as a registrar requirement. (I’m looking at you @escrow_com @markmonitor @cscglobal @afternic @GoDaddyauctions )
— John Berryhill (@Berryhillj) February 13, 2025
As WHOIS records become obsolete and no longer a requirement for domain registrars, referencing WHOIS in a purchase agreement as a means of confirming ownership will be outdated. It may also “open up a can of worms,” as John put in his post.
I hadn’t thought about this until seeing John’s post, but I am going to send my purchase agreements to John for modification. I also think it’s a good idea to have him (or other attorney) give these agreements a once-over every once in a while to ensure they remain protective of my company and align with its needs.