 Pro-Buyer Domain Sale Agreement Q&AWhat warranties are included in the "pro-buyer" document?
The easiest way to answer this is to quote from the agreement. In the agreement, the seller warrants to the buyer:
"(a) that it has the legal right and authority to enter into and perform its obligations under this Agreement;
(b) the Seller has not used the Domain Name in any way which has infringed any third party's Intellectual Property Rights or other legal rights, breached any contractual undertaking binding upon the Seller, or infringed any applicable laws or regulations, or given rise to a cause of action against the Seller under any applicable law;
(c) the execution of this Agreement and the completion of the transaction contemplated in this Agreement will not infringe any third party's Intellectual Property Rights or other legal rights, will not breach any contractual undertaking binding upon the Seller, will not infringe any applicable laws or regulations, and will not give rise to a cause of action against the Buyer or the Seller under any applicable law;
(d) that it has not given any false or misleading information to the Buyer during the negotiations for the sale of the Domain Name;
(e) that it is the sole owner of all right, title and interest in the Domain Name;
(f) that it does not own and has not applied for, and will not in future apply for, directly or indirectly, any registered trade mark in any jurisdiction that is identical or confusingly similar to the Domain Name;
(g) that it has not done or omitted to do, and will not do or omit to do, any act or thing which will or may lead to the invalidity or revocation of any Domain Name;
(h) that no amounts are owing to any person in relation to the registration of the Domain Name; and
(i) that there are, at the date of this Agreement, no subsisting licences of any rights in the Domain Name, and no subsisting agreements for the licensing of any rights in the Domain Name."
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