A way of mitigating the risk is to negotiate a reduction in the purchase price. This is great for the buyer but the seller isn’t too pleased by this and the deal may fall through. The other option is to place representations and warranties in the purchase agreement where if the traffic is not sustained then the seller is paid less. This also means that the purchaser may pay a percentage of the agreed funds on signing the agreement and the balance at a later date.
The risk for the seller is that they are only in a downside situation. It would be better to negotiate a potential upside if the traffic increases for the seller and a downside if the traffic reduces.
Why am I talking about traffic? The reason why is that traffic is the one metric which is unlikely to be influenced by the purchaser when the transaction is completed. The purchaser wants to immediately work at increasing both CTR and EPC but traffic.....well......is traffic.
Another way of buying domains that is on an earn-out basis. For example, the purchaser puts down a small percentage of the money (eg. 20%) and the balance is paid over the term of the agreement.
As with all deal making in any industry there are a many ways of cutting them. The most important thing to understand is that a deal only works if it works for both parties. Deals that leave one party feeling a bit “ripped off” aren’t deals at all....they are transactions. Trust me when I say that in a small industry like the domain industry transactional purchaser gets a negative reputation pretty quickly.
Source: Posted on WhizzBangsBlog by Michael Gilmour -- Reprinted with permission -- March 31, 2009



