March 9, 2023

Domain Due Diligence – What to Do Before You Buy

written by

Joe Uddeme

Joe Uddeme

Domain Due Diligence – What to Do Before You Buy

Before getting excited about the domain name you want being available, ask yourself why it is up for grabs – especially if it appears to be a great name. Many domain names on the open market have a hidden past – as NameExperts.com Director Joe Uddeme explains…

Let’s say you just found out you can secure a domain name that matches the name of your new business. Or maybe you’re doing it the other way around and want to start with an available domain name that you’ll build your business around.

Now let’s suppose it’s one of those short, snappy modern domain names made up of five letters that don’t mean anything.

Now press pause.

Before you plan the entire history of your brand around these five letters, it’s advisable to perform some due diligence – just as it is when buying any domain name.

When buying a car, it’s helpful to have a trusted mechanic perform an inspection and to review the vehicle’s service history before handing over your cash. A similar thing applies to purchasing domain names.

It’s necessary to perform proper due diligence – or you risk wasting money. This article will give you a due diligence checklist to follow to ensure you make a worthy purchase and ensure you don’t buy a domain name with a damaging hidden past.

Key Takeaways

  • Spammy “past lives” of your domain name could damage your reputation
  • Discover the tools that help you discover your name’s true past
  • Make sure there are no trademark issues

Why You Need To Conduct Due Diligence For Any Potential Acquisition

Due diligence means investigating the details of a business or person that you want to enter a commercial transaction with. It’s necessary because it helps you understand the nature of what you want to buy, the risks involved, and anything else that could be a hindrance.

Not conducting domain name due diligence before buying can cause trouble. For example, you may buy a domain that has been blacklisted for spam activities and wonder why your website isn’t getting traffic. Or why any email sent from your domain goes to the recipient’s spam folder.

You could also buy a stolen domain and be subject to lawsuits accusing you of theft – or one that used to be an adult site. The list of potential risks is endless, so always carry out domain due diligence before any purchase.

 

Domain Due Diligence Checklist

WHOIS

WHOIS is a public database containing information about domain name owners. You can run a WHOIS lookup to trace the ownership of a domain name, and it’s advisable to do this for any domain you want to buy a domain name.

Check the WHOIS history for at least a year to see if there were any ownership changes. If you notice any, you can contact the prior owner to ensure that they actually transferred the ownership and the domain wasn’t stolen. Domain thieves try to sell domains in a hurry, and this process helps you avoid buying a stolen domain and exposing yourself to legal troubles.

Because of Europe’s GDPR data protection laws, you may not be able to see details about a domain’s owner (it’ll appear as redacted). However, access is granted to certain licensed third parties that, in turn, offer that data to people for a fee. DomainIQ and DomainTools are two examples of such parties.

Domain History

The WHOIS lookup will help you verify that the domain is owned by a legitimate buyer and not a hacker. After that, the next step of the domain name due diligence is to check how the domain was utilized in the past. What type of website was it used for? Is it something that could have gotten it into a blacklist?

A good website to check a domain’s history and utilization is the Wayback Machine. This is a digital archive that lets you see how the website for any domain looked in the past. The idea is to ensure that the domain was used for appropriate activities.

If it was used for nefarious things like unregulated gambling, domain name scams, or data theft, it’s a signal to stay clear because the domain may have been blacklisted by search engines and email providers.

Potential Trademark Issues

Ensure that the domain name you want to use is not similar to an established trademark because this can lead to infringement lawsuits and a possible court order to hand over the domain. There was a popular case of an entrepreneur called Mike Rowe, who registered the “MikeRoweSoft.com” domain for his software company. Microsoft, the well-known software company, filed a lawsuit alleging trademark infringement, and Mike Rowe had to hand over ownership of the domain in exchange for an Xbox and some certification training.

If the domain name you want to buy is similar to an established trademark, it’s best to avoid it and go for something else.

Search Value

Another important part of the due diligence checklist is to see how the domain name performs on search engines. If you can’t find valid results when you input the domain name of a search engine, it’s a signal that it may have been blacklisted due to past activity. Check if there are backlinks from nefarious sites pointing to the domain because that represents another red flag.

It’s also important to see if a domain has been marked by email blacklists. If so, emails from that domain will likely end up in the recipient’s spam folder instead of the main inbox. Popular email blacklists include SpamhausBarracuda, and Proofpoint, and most of them let you run a simple scan to see if a domain is part of the list.

 

During the Acquisition Process

Once you have ticked all the boxes in your acquisition due diligence checklist and decided to proceed with the purchase, there are some essential tips to follow.

Tracking Each Step

You should create a spreadsheet to track each step of the domain name sale. The spreadsheet should contain sections like “current status”, “date transferred”, and “price”. This will help you stay on top of every detail of the imminent domain acquisition.

Setting Up Escrow

Escrow refers to a neutral third party that holds the money before it is transferred from the domain buyer to the seller. It’s necessary to use an escrow service to prevent yourself from falling victim to fraud. The escrow service will hold the money that you’ve agreed to pay for the domain and only disburse it if the seller fulfills all the terms of the deal.

Large stash of US dollars to denote importance of safe escrow services when buying a domain name

 

What To Keep In Mind For the Transfer Process

When you acquire a domain, the buyer will have to transfer it to your registrar for it to officially become yours. A domain must be at least 60 days old to be transferable according to rules defined by ICANN, the governing body for domain registration. The owner will need an authorization code from their registrar to authorize the transfer to your own registrar. Once this is complete, the domain is officially yours.

If you need help with domain name due diligence, you can hire a professional domain broker with experience in appraising and investigating domain names.

The broker can help you decide if it’s a worthwhile purchase and also negotiate a good price with the owner. Check out our post on domain name negotiation tips for further insight into this exciting and complex world!

 

About the author

Joe Uddeme is Director and Principal of Name Experts, one of the world’s leading domain name brokerage services. He has overseen domain name sales and acquisitions totaling more than $150 million and is renowned worldwide as a go-to expert in buying and selling premium domains. Contact us at: [email protected]

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A man's shadow to indicate anonymity when trading domain names.
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Discreet domain procurement: Companies can discreetly procure domains for internal products, brand expansions, or mergers without tipping off competitors. Understanding the WHOIS Database What is the WHOIS Database? The WHOIS database is a publicly accessible repository that stores information about registered domain names. Managed by the Internet Corporation for Assigned Names and Numbers (ICANN), this database contains essential details about domain owners, including their name, address, phone number, and email address. The primary purpose of the WHOIS database is to provide transparency and accountability in the domain name registration process. It allows users to look up information about a domain name and its owner, ensuring that the domain registration landscape remains open and trustworthy. 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They will work on your behalf and protect you from risk. Check out our guide to domain name negotiations to find out how else domain brokers can help. Why Choose Anonymous Domain Registration? By choosing anonymous domain registration, you ensure your personal information is not publicly accessible in the WHOIS database. It’s basically like putting up a wall around your ownership that no one can peek over. It’s not difficult to register anonymously (your domain name broker can take care of this as part of their service), and by keeping your personal information private, you can sleep soundly at night. How to Register a Domain Anonymously There are several ways to ensure anonymous domain purchase, including: Using a domain registrar that offers anonymous registration: Services like Namecheap or Google Domains provide options that help conceal buyer identity when registering a domain name. Utilizing a proxy service: Services like Domains by Proxy or Uniregistry enable you to mask registration information, ensuring it remains private. Registering through a third-party service: Using a VPN or a domain anonymization service can help you register a domain without revealing your identity. Using a domain broker or marketplace: Engaging a domain broker or using a domain name marketplace can help conceal your identity. Using a domain privacy service: A domain privacy service can protect your personal information by replacing it with the service’s contact details. Talk to your broker about this. Some registrars offer free domain with hosting packages, which can lower overall costs and enhance the appeal of their services. Verifying Domain Privacy Protection You can easily explore the WHOIS database by entering your domain name in the search bar. This lets you see whether a website you own currently has domain privacy protection or not. What you want to find is a generic name, contact address, or email address that forwards messages to you. If you see any of your details in the Domain Information panel, consider enabling WHOIS privacy. You can also check with your domain registrar to see if they offer domain privacy protection services. Why Choose Anonymous Domain Name Registration? As mentioned, it adds a layer of security and protection for domain owners. By keeping personal information private, individuals and businesses can: Protect against cyber threats and unwanted exposure Prevent domain hijacking and fraud Maintain confidentiality in sensitive situations Enhance security against ransomware attacks and other cyber crimes Ensure personal information remains hidden from public view on WHOIS Pro tip: while anonymous domain registration has many benefits, always choose a reputable domain registrar that provides reliable privacy protection services. Additionally, be aware of the potential limitations and considerations when registering a domain name anonymously, such as specific restrictions or policies against this for certain domain extensions (TLDs). Simple Steps for Maintaining Domain Name Anonymity You don’t need to be a tech wizard to keep your name out of the picture. Here are five things to try: Use a VPN to mask your IP address and location. Use a secure email service that offers end-to-end encryption. Be cautious when sharing personal information online. Use a domain broker or a domain name marketplace to purchase a domain name anonymously (brokers such as NameExperts.com can help you make an anonymous offer to a domain owner, too). Consider using a proxy service to mask your personal information. If using escrow services to pay (recommended), make sure your broker knows how to handle this in a manner that keeps your identity secret from the seller. By following these tips, you can ensure that your personal details remain confidential and your online presence is secure. If you need help, your broker can streamline the process. Regulatory Considerations Compliance with ICANN Regulations ICANN regulations mandate that domain registrars collect and store accurate contact information for domain owners. This requirement ensures that the domain registration process remains transparent and accountable. However, ICANN also recognizes the need for privacy and allows for anonymous domain registration through the use of proxy services or private domain registration. To comply with ICANN regulations, domain registrars must: Collect and store accurate contact information: Registrars are required to gather and maintain up-to-date contact details for all domain owners. Provide options for anonymous domain registration: Registrars should offer services such as proxy registration or private domain registration to help domain owners protect their personal information. Educate domain owners on risks: It is crucial for registrars to inform domain owners about the potential risks associated with public WHOIS data and the benefits of opting for anonymous registration. Offer tools and services for privacy protection: Registrars should provide tools and services that enable domain owners to safeguard their personal information and maintain privacy. By adhering to these guidelines, domain registrars can ensure compliance with ICANN regulations while offering robust privacy protection options for domain owners. This balance between transparency and privacy helps maintain trust and security in the domain registration ecosystem. General Data Protection Regulation (GDPR) Implications General Data Protection Regulation (GDPR) has significant implications for domain registration and WHOIS data. Under GDPR, personal data cannot be shown without consent. This means that domain registrars must obtain explicit consent from domain owners before publishing their personal data in the WHOIS database. If you’re a domain owner, you can request that your personal information be removed from the WHOIS database by contacting your domain registrar. This regulation helps protect your personal information and ensures privacy. Limitations and Considerations when Seeking Domain Anonymity While anonymous domain registration offers many benefits, there are some limitations and considerations to keep in mind: Some domain extensions (TLDs), such as country-code top-level domains (ccTLDs), may have specific restrictions or policies regarding anonymous registration. Ensure that the domain registrar you choose has a reliable privacy protection service and a good reputation in the industry. Some domain registrars may require identification verification, but not all do. Domain privacy protection services may not be available for all domain registrars, so it’s essential to check with your registrar before purchasing a domain name. While private domain acquisition is possible in many cases, exceptions exist. An experienced domain broker can walk you through all available options.   About the author Joe Uddeme is Director and Principal of Name Experts, one of the world’s leading domain name brokerage services. He has overseen domain name sales and acquisitions totaling more than $150 million and is renowned worldwide as a go-to expert in buying and selling premium domains – and keeping clients’ names confidential whenever privacy is required. Contact us at: [email protected]

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Most Expensive Domains Ever Sold

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