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Escrow Services: different seller and owner

Started by Bravoman1, Jul 20, 2022, 02:03 AM

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Bravoman1Topic starter

Is it legally permissible, given the complex U.S. jurisdiction, for the payee (seller) and domain owner to have different names?
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Drupas

For obvious reasons, Escrow is not concerned with the names of the payee and domain owner, as it is the responsibility of the admin and seller, if they are not the same person. Tax questions are unlikely to arise if the payment is less than $10,000 and not a regular occurrence, but taxes can still be paid. If any questions arise, they will be directed to the seller since the funds are transferred to them and the domain is in their name.

Essentially, the state assumes that the seller owns the domain and sold it, even if the buyer's information is reflected in whois. In theory, Escrow may ask for confirmation or documents if there is a discrepancy between the admin and seller, which could potentially slow down the transaction, but the author did not face any issues for amounts under $10,000.
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richtedy

It is a fact that the domain name transfer will not be verified by the service, so waiting is not advised. The transaction can only be closed with the buyer's consent, and the service can manually change the status of the transaction at their discretion, disregarding any set deadlines. Essentially, working with them relies on the "goodwill" of the buyer. When working with .fr domains, they may not be able to return the item at all. This is the author's last contact with Escrow, and they believe that contacting the police will impress both sides as the idea of getting involved in criminal activity is daunting for them. Although the author loses out on transferring the domain name in good faith, they believe that the threat of criminal action will deter the other party.
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barbiejolly

In the United States, the legal framework surrounding domain name ownership and transactions is governed by a combination of contract law, intellectual property law, and specific regulations set forth by organizations such as the Internet Corporation for Assigned Names and Numbers (ICANN) and domain registrars. When it comes to the question of whether the payee (seller) and the domain owner can have different names, it's important to consider the legal mechanisms that underpin domain name transactions.

Domain name ownership is established through registration with a domain registrar, which involves entering into a contract with the registrar. This contract defines the rights and responsibilities of the domain owner and sets out the terms for the registration and potential transfer of the domain name. When a domain is being sold, the transfer of ownership typically involves a process facilitated by the domain registrar or through an escrow service. These processes are designed to ensure that the transfer is legally valid and that the new owner is properly recorded in the domain registrar's database.

From a legal standpoint, the key factor in the transfer of domain ownership is the fulfillment of the contractual and procedural requirements set forth by the registrar. As long as these requirements are met, and the transfer is accurately documented, the names of the payee and domain owner being different does not inherently pose a legal issue.

This means that if a seller, or payee, and a domain owner have different names, the legal validity of the transaction is not automatically compromised. What matters is that the transfer of ownership is documented and executed in accordance with the relevant legal and contractual requirements. This might involve the completion of a domain transfer process through the registrar, the update of ownership information in the registrar's database, and the initiation of payment to the seller as per the agreed-upon terms.

To provide further clarity, it's crucial for all parties involved in the domain sale to maintain accurate records of the transaction. This includes any contracts, correspondence, and documentation related to the transfer of ownership and payment. These records serve as essential evidence of the legitimacy and details of the transaction, should any disputes arise in the future.
The legality of having different names for the payee (seller) and domain owner in a domain sale in the U.S. hinges on adherence to the legal and contractual procedures involved in the transfer of domain ownership. As long as these requirements are met and documented, having different names should not pose a legal barrier to the validity of the transaction. However, it is always advisable to seek legal counsel or professional assistance to ensure compliance with the specific requirements and to safeguard the interests of both parties in the transaction.
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