Sign an Agreement Prior to Negotiating

Domain sale negotiations can be a bit risky. I think two of the biggest potential pitfalls include 1) a prospective buyer using the negotiations in a UDRP or legal proceeding or 2) a buyer failing to follow through with an accepted offer.

I think a creative  way that could reduce the risks is to have the prospective buyer sign an agreement prior to negotiating to buy a domain name. The agreement would list the terms and conditions of making an offer and discussing an acquisition.  When you receive an offer to buy a domain name or an inquiry about a domain name, you can tell the prospective buyer that you require an agreement to be signed prior to negotiating the sale of a domain name.

I would obviously speak with an attorney to have an agreement such as this drafted, and some of the terms I would want to include in the agreement would be the following (along with my rationale):

Buy The Domain Name When You Have the Chance

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I have been in off-and-on negotiations with a prospective domain name buyer since December. I am looking for high 5 figures for this particular domain name. When the discussion progressed last week, he asked why I increased my price from $18,000 to high 5 figures.

I searched through our email exchanges, and I found no mention of an $18,000 price. I asked him to forward me my email with this price because I knew it didn’t exist. He forwarded me an email mentioning the domain name and $18,000 price, and sure enough, it was not from me. It was from a former domain owner. His company subsequently sold the domain name to the company from which I bought it.

Unfortunately for the prospective buyer,

Private Whois Emails Sometimes Don’t Work

I use Whois privacy on some of my domain names for competitive reasons. I don’t necessarily want people to know I own or acquired certain domain names, and having privacy enabled is an inexpensive way to keep some registrations private.

Just because I have privacy enabled on domain names, it does not necessarily mean that I am not interested in selling domain names. Although I have found that the majority of people contact me using links on the landing page of these domain names, I am fairly regularly contacted via email found during a Whois lookup.

One issue I have found is that some privacy services

Explain How to Bid in Your Auction

For most people who are active in the domain name business, bidding on auctions is a daily occurrence. Most active participants in the business are familiar with the various auction venues and have accounts that are ready for bidding.

Although familiarity with venues is high for people in the business, there are plenty of people who aren’t active who may not be knowledgeable about various venues, let alone have accounts for bidding. Even though opening an account and bidding may seem like common sense, I think it is a good idea  for a domain owner to explain the process and provide information about the auction venue to prospective buyers.

The different auction platforms have different rules for signing up for an account, placing a bid, actively bidding, and paying. Venues run auctions of different lengths, have different “sniping” rules, and require bidder approvals for different bid thresholds.

When contacting prospective buyers for a domain name that is headed to auction, especially people who have previously expressed an interest in a domain name, it is important to explain how the auction process works and give them some background information about the marketplace. Since some auction venues take longer to process bidders who want to bid above a certain amount, be sure to educate your prospective buyers far in advance.

I would recommend creating an information email with important details such as:

Tips to Plan a Domain Investor Meetup

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One of the downsides to being in the business of domain name acquisitions and sales is that it often means you’re pretty much on your own. I chat with a few friends and colleagues on a regular basis, but I don’t really meet with people too often, aside from one or two domain conferences during the year. Attending meetups is a great way to get to know other people in the business, learn about companies and services, and to meet other people who do what you do.

During the past few years, I’ve organized several domain investor meetups in New York and Boston. There are people who are active in the business all over the world, and I would imagine there could be many more meetups if people would be willing to set them up. Because I have organized and help plan a few meetups, I want to share some tips on how to set up a meetup to help others host their own events.

Tips to Plan a Domain Investor Meetup:

Problem With Buying via Domain Broker

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There are quite a few exceptional domain name brokers. In fact, I believe there are several who have sold at least eight figures ($10+ million) worth of domain names. I like seeing what domain brokers have for sale, but as a domain investor who often tries to quickly re-sell domain acquisitions, there is an inherent problem with buying a domain name from a broker.

After a domain broker signs an exclusive brokerage agreement for a domain name, he or she likely creates a list of prospective buyers. The list likely includes companies who would want to buy the domain name because it matches their branding or initials, and it also likely includes venture capitalists and angel investors. I would imagine these companies and people are the primary target audience for valuable domain names, with domain investors being a tertiary target audience.

If I am presented a domain name that I like that seems to be listed at a fair price, I really need to think about one question: Why did the well funded companies and financiers pass on this opportunity? If they passed because the domain name was too expensive, it is probably going to be problematic for me to profitably sell the domain name. If they didn’t buy it because it took too long to reach a decision, it may be tough to sell it to them at a good margin since they know what I paid for the domain name. Finally, the company could do what more and more companies have been doing and file a frivolous UDRP, which would cost me quite a bit of money to defend.

The best domain brokers know who to contact at major corporations and smaller angel investment companies. There is likely the same chance that I could contact a prospective buyer as they could contact that same buyer. Suffice it to say, if a domain broker hasn’t sold it to the most obvious buyers, there is probably a reason, and if I buy the domain name, it will likely be a long term hold.

I have bought good domain names via brokers before. Some sellers would prefer a quick deal and end user buyers may take longer to make a decision. Some sellers don’t want the broker to risk TM/legal issues, so they don’t contact companies that might use the broker email as a grounds for legal action. That being said though, there could be a problem buying a domain name from a great domain broker if the goal is to re-sell it quickly.