As hard as I try to be nice when completing a domain name purchase or sale, I have been a participant in what you might call “challenging” negotiations. Regardless of what is being discussed, negotiations can become contentious. I think domain name negotiations can be even more contentious than usual because some people think aftermarket domain names are overpriced, and they don’t like the fact that people buy domain names as investments. Put simply, some people do not like dealing with domain investors.
I am sure there have been plenty of negotiations that ended with one party not being happy with the other party (or the domain broker who represented a particular party) after a deal is transacted. I can’t help but think of this article posted by Andrew to illustrate a case where one side of a deal was unhappy with some part of the transaction. Sometimes people keep this to themselves, but other times, they want to express how they feel to as many people as they can.
With that being said, once a deal is reached, I think it is important to add something to the sales contract that prohibits the either party from saying negative things about each other or the transaction. Perhaps this would be covered in a non-disclosure section of a contract or a separate non-disclosure agreement included in the deal, but it should be comprehensive enough to cover everything related to the negotiation and outcome (not just sale price).
Keep in mind that I am not an attorney and have no legal experience, so I can’t offer advice on what to add to an agreement to protect the privacy of the negotiation. I would recommend that you speak with your own legal counsel or an experienced domain name attorney who could give you much better guidance about how this can be worked into a sales agreement, as well as what penalties are appropriate for violations. Obviously, a lawyer could give you more guidance about how to set this up to protect your interests.
Additionally, if this is added to an agreement, it is a two way street. You will also be expected to uphold the confidentiality of the agreement as well!
Some negotiations can be challenging. Hopefully, you are able to protect your reputation from being damaged so that a future buyer or seller doesn’t read something bad about you and opt to not close a deal as a result.