Question about getting my domain back!

23 replies
My domain, Granthardy.com, recently expired. I was a few days late with my payment, and a squatting company called Intrust Domains bought it up.

I tried desperately to reach them by phone but to no avail. A gentleman suddenly started showing up in the WHOIS database for the domain. I sent him an Email and he claims to now be the owner of the domain and says he isn't willing to sell it back to me. He says he's "actively using" it.

But here's the odd thing. The first DNS server in the WHOIS database is something like call-800-xxx-xxxx. And the second DNS server is For-sale at intrust-domains.com The registrar is Domainsfirst.ca (and the guy is in the U.K. so can't see why he'd use that registrar). The Domainsfirst.ca website doesn't seem to be terribly legitimate, i.e. it says it's an Australian domain registrar but has a .ca extension which is normally for Canada.

If you're thinking, "wow, what a convoluted story," bingo! If he's actively using the domain, wouldn't it have to have real DNS servers? Wouldn't they have taken out the "for sale" thing too? Yet his name is the registrant and there's a different registrar.

The weirdest thing yet is that I saw it two days ago for sale on Buydomains.com and picked it up. They seem to be a (semi) legitimate company and will at least offer a refund if the domain can't be sold, and they say it takes ten days to process...

Can someone help me sort this out and tell me what my chances are of getting this back? Many many thanks!
#back #domain #question
  • Profile picture of the author GMD
    Banned
    Originally Posted by DataDude View Post

    My domain, Granthardy.com, recently expired. I was a few days late with my payment, and a squatting company called Intrust Domains bought it up.

    I tried desperately to reach them by phone but to no avail. A gentleman suddenly started showing up in the WHOIS database for the domain. I sent him an Email and he claims to now be the owner of the domain and says he isn't willing to sell it back to me. He says he's "actively using" it.

    But here's the odd thing. The first DNS server in the WHOIS database is something like call-800-xxx-xxxx. And the second DNS server is For-sale at intrust-domains.com The registrar is Domainsfirst.ca (and the guy is in the U.K. so can't see why he'd use that registrar). The Domainsfirst.ca website doesn't seem to be terribly legitimate, i.e. it says it's an Australian domain registrar but has a .ca extension which is normally for Canada.

    If you're thinking, "wow, what a convoluted story," bingo! If he's actively using the domain, wouldn't it have to have real DNS servers? Wouldn't they have taken out the "for sale" thing too? Yet his name is the registrant and there's a different registrar.

    The weirdest thing yet is that I saw it two days ago for sale on Buydomains.com and picked it up. They seem to be a (semi) legitimate company and will at least offer a refund if the domain can't be sold, and they say it takes ten days to process...

    Can someone help me sort this out and tell me what my chances are of getting this back? Many many thanks!
    That's quite a tar pit that you're in.

    How you got into it I don't really understand.

    Even if you're "a few days late" paying for your domain, the place where you purchased/registered the domain is supposed to -- by law -- hold it for 30 more days. During that 30 days you have the opportunity to "buy back" the domain for the original fee PLUS an additional fee.

    "What is the Domain Redemption Period?

    The redemption period is a Domain Registry period of up to 30 days that occurs when a domain name is deleted after having expired unrenewed. Instead of just getting deleted and returning to the pool of domain names available for registration, the existing registry keeps a hold on the domain name in a what is technically called as REDEMPTION PERIOD. During this 30-day redemption period, the original domain registrant (owner of the domain) is allowed to retrieve the domain name from deletion by contacting their Registrar. This process costs an additional fee.

    This extra 30-day period - redemption period - extends the time available to renew expired domain names by 30 days. However, all names that enter the redemption period are removed from the zone files in the global DNS, as a result, any Web site or email services associated with the domain name gone into redemption period will stop working and would appear offline.

    Pending Delete Phase

    In addition, after the 30-day redemption period there is a 5-day Pending Delete Phase. When a domain is in Pending Delete Phase, no one is allowed to renew the domain and it cannot be yet registered because its still not returned to the public domain pool. After the 5-day Pending Delete Phase the Registry will release the domain name back into the public pool of available domain names enabling fresh registration.

    Renew domain before redemption phase

    It is strongly recommended that you renew your domain registration in time before the domain name is placed in redemption lock because once its placed in redemption, the zone files of such domain gets automatically removed from the Domain Name Service and associated website and email etc services will cease to work. "
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  • Profile picture of the author Rich Struck
    Sounds like a case of domain tasting.

    Domain tasting - Wikipedia, the free encyclopedia

    When you get this figured out, move your domain to Namecheap. They give you 27 days to get it back if it expires.
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  • Profile picture of the author webapex
    Yea something sounds fishy, I though the redemption period and other last resort chances added up to like 50 days before it finally dropped , having to pay a pretty penny to retrieve it in the last stages, though it's said some registrars shorten the ICANN specified timeline.
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  • Profile picture of the author DataDude
    WOW! Thanks for all the prompt responses!
    Yes, to be honest my registrar did offer it back to me for a couple hundred dollars at first. Didn't know I was the exclusive party who could renew the domain at that point...

    But it's been long enough (probably a few weeks) since this guy has owned the domain that I have a feeling it's not domain tasting. I guess my questions are...

    1) Can he really be using the domain if the DNS servers are as I described?
    2) Why would someone own a domain but the for-sale thing still be listed as the DNS server?
    3) What do you think my chances are of getting it back? As I said I bought it on Buydomains.com, a semi legitimate company, on Saturday night. But I understand that some of their domains are already sold and in that case they'd just issue you a refund.

    Any help is appreciated! Feel free to query the WHOIS database if you want to see what I mean...

    CHEERS!
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    • Profile picture of the author davezan
      A couple of things.

      Assuming the domain name you stated is the one in question, its WHOIS showed
      it's registered since April 13, 2011 for a year. Its last record change was Aug. 4.

      That means the domain name went through its "life cycle" from expiry (up to 45
      days with its last registrar) to redemption period (30 days) to pending delete (5
      days) to finally becoming available. The domain name didn't recently expire, and
      someone from Intrust subsequently picked it up.

      While one could question another's motives, the fact is...the domain name had
      dropped and was re-registered. If indeed you tried to buy that at BuyDomains,
      that is pretty much your only option other than trying to pay for it directly with
      its owner.

      There should be some back and forth among you, BuyDomains and the domain's
      current owner. BuyDomains should notify you soon if the owner accepted what
      you offered or so.

      Good luck.
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      David

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  • Profile picture of the author DataDude
    Thanks again for the response! Yes I'm sorry, I meant "recently" in a pretty vague sense, but I guess a few months isn't really defined as "recent!"

    But my real question is, the guy who's listed as the current owner isn't affiliated in any way with Intrust Domains, yet the DNS server says for-sale at intrustdomains dot com. Does that mean ownership hasn't completely passed to the new guy, and does it mean he can't be using the domain while those fake DNS servers are present?
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    • Profile picture of the author davezan
      Originally Posted by DataDude View Post

      But my real question is, the guy who's listed as the current owner isn't affiliated in any way with Intrust Domains, yet the DNS server says for-sale at intrustdomains dot com. Does that mean ownership hasn't completely passed to the new guy, and does it mean he can't be using the domain while those fake DNS servers are present?
      While the listed registrant is considered the owner, I don't know what's going on
      behind the scenes of that. And he can use that domain despite the DNS, as long
      as no laws are violated.
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      David

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      • Profile picture of the author Kay King
        Couldn't it be simply the new owner has not changed the DNS as yet? I don't always point my domains just after I purchase them and the intrust site might show that "ad" as the dns until the new owner repoints it.

        Just a guess but that would make sense.
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  • Profile picture of the author Domainate
    First off, you weren't just a few days late on renewing it. Registrar on whois history shows Enom (Vexxhost thus is an Enom reseller) - you'd have had about 30 days or so after expiration to renew it, and another 45 days or so after that to redeem it (yes for more money but it's your name domain - would have been worth it).

    I searched and it doesn't appear the name is for sale - even on intrustdomainsstore.com it's not listed anywhere. I would guess the nameservers are what they set any backordered or newly registered expired name to in efforts to try and sell the name quickly to the previous owner. To be honest I'm not really familiar with them. Unfortunately there's not much you can do if they're not willing to sell it. Even from a legal standpoint, if you filed a UDRP, you could show 2 of the 3 criteria but you'd need to show all 3. Bad faith could be difficult to prove, especially if he's telling you directly it's not for sale and there's nothing on it yet. Bear in mind UDRP isn't cheap either.

    You could always call his possible bluff and say "if you ever would be interested in selling it, I can offer X." He likely spent at most $69 on it (cost of a backorder and I doubt that name would have been bidded up), so consider that. Chances are you'd need to make a $200 or $300 offer to possibly get him to budge. If he doesn't, then oh well...get a different extension and learn the lesson!
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  • Profile picture of the author garyv
    Are you Grant Hardy? What is the purpose of wanting to own that particular domain name?
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  • Profile picture of the author DataDude
    Oh yes, I'm learning a rough lesson, that's for sure. I can't really make any excuses for not paying the money to renew the domain during the redemption period, and honestly at this point I don't know what was going through my head...

    The domain was up on Buydomains.com as of two days ago, I bought it and they confirmed the sale went through. But honestly, I have a feeling it'll turn out to be a bogus sale and Buydomains will probably say it was sold a while ago and should've been removed from their portfolio. Anyone know if that happens a lot?

    I've told this guy I'll pay whatever he asks (even several hundred dollars) but no go as of yet! Ah well, as you guys rightly said it's my mistake and life is about learning!

    I'd be interested in anyone's opinion on the Buydomains thing and after that I'll leave this thread, and y'all, alone! Many thanks again!
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  • Profile picture of the author DataDude
    Hi all,

    I've been in touch with Buy Domains (the company who supposedly sold me back my domain, Granthardy.com). They told me that the domain was posted to their site on May 17th and that it takes ten days to process. They told me if there was an issue with the seller "you probably would have heard about it already" and not to worry. They said they sell a couple of hundred domain names per day and there are only one or two per month that can't be sold.

    Yet near the beginning of August the registrant of Granthardy.com told me he's actively using the domain and therefore won't sell it to me. (Yet I still don't see how he can actively be using it since the DNS servers are invalid!)

    Anyone have any idea/speculation about what's going on?
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  • Profile picture of the author DataDude
    So Buydomains finally contacted me and told me that Intrust Domains didn't remove Granthardy.com from their list of domains for sale and that I wouldn't be able to get it. They advised me that I might be able to take legal action against Intrust Domains for not fulfilling their legal contract to sell the domain name to me. What do you guys think?

    I've tried offering the guy money...but when you're dealing with a businessman (as this guy is) money really isn't much of a bargaining chip since he'll have lots already! :- But you live and learn.
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    • Profile picture of the author Jason Clay
      Do you own a trademark that is in the domain name? I know that owning a trademark has helped me in almost every case where someone was squatting whether it be on a domain or on a permaurl for a service.
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    • Profile picture of the author davezan
      Originally Posted by DataDude View Post

      They advised me that I might be able to take legal action against Intrust Domains for not fulfilling their legal contract to sell the domain name to me. What do you guys think?
      Other than that, there's a law called cyberpiracy protections for individuals. But
      that requires showing that person registered the domain-personal namesake with
      the intent to sell it to you, and any court action will take time and money to get
      things going with no necessarily guaranteed results.

      You could always register something like first name-middle initial-last name com,
      or a variation of that.
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      David

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      • Profile picture of the author DataDude
        Originally Posted by davezan View Post

        Other than that, there's a law called cyberpiracy protections for individuals. But
        that requires showing that person registered the domain-personal namesake with
        the intent to sell it to you, and any court action will take time and money to get
        things going with no necessarily guaranteed results.

        You could always register something like first name-middle initial-last name com,
        or a variation of that.
        Thanks! By the way, on an unrelated note, the link in your signature about learning how to get an expired domain name...is that just for newbies and it talks about registering with a backorder service or two? Or are there more advanced tricks/secrets?
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        • Profile picture of the author davezan
          Originally Posted by DataDude View Post

          Thanks! By the way, on an unrelated note, the link in your signature about learning how to get an expired domain name...is that just for newbies and it talks about registering with a backorder service or two? Or are there more advanced tricks/secrets?
          I wrote that especially for newbies, and I'm working on the more advanced one.
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          David

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  • Profile picture of the author DataDude
    Unfortunately, no - it's just my name. I will say though, that while the guy apparently bought it for some other Grant that he knows, he's still kept it under his name and he's still just squatting with it. Perhaps that would be enough to take action?
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  • Profile picture of the author SteveJohnson
    Give. It. Up. Someone else owns it and doesn't want to sell it back to you. End of story. You have no grounds for any kind of action - whether the person actually puts a website up using the domain is irrelevant. You can't prove any kind of malicious intent, and there probably isn't any.

    You didn't renew it when you were supposed to, then you lost it. Learn the lesson in that and move on.
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  • Profile picture of the author DataDude
    Whoa!

    You could have just said "at this point there's really nothing you can do." No need to be snarky!

    But your point is well taken.
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    • Profile picture of the author SteveJohnson
      Originally Posted by DataDude View Post

      Whoa!

      You could have just said "at this point there's really nothing you can do." No need to be snarky!

      But your point is well taken.
      It's already been said, several times. I'm not being "snarky", just to-the-point. You seem to be searching for avenues to force the domain back into your camp, and it just ain't going to happen. Whoever bought it did it fair and square and there really isn't anything you can do to change that.

      If it makes you feel any better, you're not the only one this has happened to...
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      The 2nd Amendment, 1789 - The Original Homeland Security.

      Gun control means never having to say, "I missed you."

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      • Profile picture of the author revupcommerce
        How bad and how much are you willing to spend on the domain.
        If it was listed at a domain auction house and you won the auction you have a legally binding contract.
        I would get in touch with a domain attorney.
        Maybe you can talk to buydomains and get them to threaten to never list a domain from the new owner again unless he completes the sale.
        Maybe the potential loss of future biz at buydomains will be enough to get your domain.

        You can check out a site called domaining. com
        You will get a ton of help there.
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        • Profile picture of the author Kay King
          But your point is well taken.
          Then let it go. Doesn't matter why the other person wants the domain or what he does with it. You started the thread with a focus on the other party but the problem is one you caused and you don't have the leverage to fix it.

          You either forget or chose not to pay for renewal

          You turned down an offer from the registrar during redemption period

          It's done. You can make notes on your calendar to watch the domain next year or whenever it comes up for renewal (you could back order then in case it becomes available).

          kay
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