Creative Domain Deal: Lease with Purchase Option

Earlier today, I wrote an article sharing some thoughts about Zalmi Duchman’s Forbes article. In my opinion, the biggest takeaway was Duchman’s advice about being creative to find a deal that works for both parties. Creativity can go a long way in making a mutually beneficial deal happen.

I want to discuss a type of deal that could benefit a startup that needs a particular domain name and a domain name owner: a lease with a purchase option. Essentially this allows a company to pay a monthly fee to use a domain name, and at any point in time, they could purchase the domain name for an agreed upon price. I want to share some advantages of this type of deal for both parties:

Not Owning the EMD Could Be a “Liability”

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I wish every startup founder, brand manager, and other people responsible for buying company domain names could read an article published by Zalmi Duchman on Forbes.com today. The article is entitled, “How I Blew 50 Grand On My Journey For The Perfect Domain Name,” and it offers some valuable insight to people considering a domain name that isn’t the exact .com match (EMD) to their brand.

Duchman discusses his startup called Fresh Diet. Instead of buying the FreshDiet.com EMD from the owner of the domain name, Duchman hand registered TheFreshDiet.com. Duchman explained that the owner of FreshDiet.com was asking $20,000 for the domain name, and he opted to not spend the money. Long (but interesting) story short, Fresh Diet became a big thing, and Ducman wrote that “our continued growth fueled my concerns that not owing FreshDiet.com would become a liability over time.”

The company ended up buying FreshDiet.com for much more than the original asking price, and they were able to get a deal done using a payment plan. Interestingly, based on the Whois information, it looks like Duchman’s deal was with Michael Berkens, whose company, Most Wanted Domains, owns some exceptional domain names.

The article offers excellent advice to others who might be in the same position as Duchman when it comes to buying the right domain name for their business instead of settling on something that may hurt the business:

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: