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domain contract

Free Domain Sales Agreement?

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I've seen a few posts on domain forums where people are asking for a free boiler plate domain sales agreement to use. In my opinion, if you feel you need to use a sales agreement in the first place, you should probably contact a domain attorney or other local IP lawyer and pay for one. It's likely the cost will be less than you think since most will be able to customize a standard agreement based on your needs.

So why do I think you should have a custom agreement drafted? The primary reason is that different countries and even states have different regulations when it comes to contracts and possibly even the parameters of your sale. In addition, your sale may have special circumstances (using Escrow.com, paying via wire transfer, Paypal payment) or it may have other non-standard issues that need to be considered.

If you use a boiler plate agreement and run into troubles, it would probably be fairly easy for an opposing lawyer to pick that apart, which could cause complications for you. If you have an issue with an agreement → Read More


Domain Contracts Can Be Critical

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I had a situation last week where I wanted to close on a domain name, but the seller had concerns about the domain sales agreement I sent. Since I use a standard domain agreement I had created by a domain lawyer based in New York, I was a bit taken aback by his concerns. I thought about it for a few minutes and realized that I may have been the same way had someone random offered to buy a domain name I owned and then sent over a two page legal agreement for me to sign.

I explained to him the different sections of the agreement, which included a section discussing the cost and payment terms, a section where it states that the domain name isn't encumbered and/or had no trademark issues, a confidentiality clause, and other standard contract sections. I even explained that when he buys a big ticket item like a car or television, and even when he checks off a box of terms and conditions when registering a domain name, he is signing a contract.

In the end, I opted to move forward without the agreement rather than kill the deal. I was → Read More