Does opting out of the 60-day domain transfer lock allow domains to be sold at any time including the day of purchase for .com domains?

Question

The iCANN rules on this question do not clarify this rule.

Sections of the rule reveal information that led me to believe that it is possible to get around this rule with opting out of the 60-day lock with my registrar. If you select this option, is it then possible to offer your domain for sale and complete a transfer of ownership prior to the expiration of 60 days?

Is this opt-out rule available only for the changing of the current owner's personal details if they need to update their contact information?

Does anyone have very clear information on this rule?

I have found information that is encouraging that I can offer my domains for sale, as long as the buyer is aware and agrees to remaining time in the 60-day lock before transferring the domain to a new registrar.

This from: https://www.icann.org/resources/pages/about-icann-faqs-2019-02-25-en

Blockquote

Q: Can ICANN lift the 60-day lock on domains? A: No, ICANN does not place, nor can it lift a 60-day lock on domain names. Registrars must impose a lock that will prevent any transfer to another registrar for sixty (60) days following a change to a registrant's information. Registrars may (but are not required to) allow registrants to opt out of the 60-day lock prior to the change of registrant request. Contact your registrar to see if they will allow you to opt out of the 60-day lock period.

Blockquote

My domains are registered with name.com and they do offer the opt-out feature. I am hoping this option will allow me to sell my domain immediately.

Clarification is greatly appreciated.

Answer 1

that it is possible to get around this rule with opting out of the 60-day lock with my registrar.

After a creation or a transfer? If after a creation, probably not, as it is enforced by registries anyway (and that is the case for Verisign, registry of .com).

Same for transfers in some cases, where change of registrant is also considered a form of transfer and hence the same rule applies about the possible opt out.

And indeed ICANN has no operational role in all of this, they just decide the rules, but then registries and registrars have to apply them. In fact you should ask your registrar and it should be able to precisely answer you for your specific case.

The full ICANN policy is at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en

It says (note the "may"):

3.7 Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:

[..]

3.7.5 The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.

3.7.6 A domain name is within 60 days (or a lesser period to be determined) after being transferred

Plus:

3.8 The Registrar of Record must deny a transfer request in the following circumstances:

[..]

3.8.5 The Registrar imposed a 60-day inter-registrar transfer lock following a Change of Registrant, and the Registered Name Holder did not opt out of the 60-day inter-registrar transfer lock prior to the Change of Registrant request.

And now more specifically for a change of registrant:

The Registrar must impose a 60-day inter-registrar transfer lock4 following a Change of Registrant, provided, however, that the Registrar may allow the Registered Name Holder to opt out of the 60-day inter-registrar transfer lock prior to any Change of Registrant request.

So if your current registrar does offer this option and you did in fact opt out, then yes you can change registrant in the first 60 days. But again, it is better to just confirm all of that with your registrar directly.

Note also this ICANN advice:

1.3 Inform the Prior Registrant or its Designated Agent that if its final goal is to transfer the domain name to a different registrar, the Prior Registrant is advised to request the inter-registrar transfer before the Change of Registrant to avoid triggering the 60-day lock described in Section II.C.2 (unless the Registrar gave the Prior Registrant the option to opt out of the 60-day lock, and the Prior Registrant opted out the 60-day lock);