Quote:
Originally Posted by Peter_Spaeth
We are talking past each other. It's not worth continuing. But let's try it this way. If you had bought the ball, would you still want it at that price because it's still his last TD? Or would you not want it because he has unretired? QED.
|
Well that's different. LOL. If you're just talking about the value of the football, it is definitely greater if it does ends up being the football used for the last ever NFL TD he throws. But it will still have a significant value as a Brady thrown TD football, probably just not $500k worth. And if he does end up changing teams after un-retiring, you could still realistically say it is his last career TD thrown football as a Buccaneer.
I'm looking at this as a discussion of the contract law in place, and as to whether or not the auction winner has the ability to get out of paying for this football. Now that Brady has changed his mind about retiring, so that it now seems chances are he will throw another TD pass in his career, the perceived value dropped in the eyes of most people. At least temporarily till Brady's status as retired or not is finally settled. For all we know, this could be a calculated ploy on his part to get himself a better deal somewhere, doing who knows what, and he actually never intended to play anymore after all.
I believe this would be subject to state, not any federal law, and be based on laws in the state that Leland's is headquartered in and primarily operates out of. I'm also guessing that it stipulates which state's laws the auction is covered by in the auction rules/terms of use/whatever you want to call it that the auction winner had to affirm and agree to before they are allowed to bid in the auction. Now I did not go back and read Leland's auction rules/terms, but am pretty confident if I did that it will state something to the effect that by bidding in a Leland's auction you are entering into a binding contract to purchase an item once you are determined to be the winning bidder. The main question in this case then will be, when does the liability for changes in the circumstances of this football legally switch from the consigner to the buyer.
I honestly don't know the specific and exact state laws applicable in this instance, so can't say for sure if ownership and liability transfer in this case is deemed to take effect immediately when the auction ended and the high bidder was determined and declared. Or maybe the transfer doesn't take effect and is considered binding till the winner bidder is officially notified and invoiced. And then again, maybe the transfer doesn't take effect till the invoice is paid and the football is delivered to the auction winner. In any event, at the time of the auction, through its end, all of the statements and description of the football's status were true and accurate. And still are, technically and factually, until Brady actually throws another TD. Which there is no guarantee he ever will, just a great possibility if he goes through on un-retiring and plays some more after all.
I'm aware of the issues and questions brought up about the change of circumstances arising from Brady's latest announcement, but look more to when the ownership and liability transfer of the football takes effect under the applicable state laws to determine an answer. And without knowing if there is any specific rule or measure the applicable state's contract laws look at in a case like this, we're all just blindly guessing at this point. And for me, I'm guessing the end of the auction signals the commencement of the binding contract, and in the absence of fraud, deceit, or intentional withholding or misrepresentation of pertinent information regarding the property being sold, by the owner or their agent/representative, if I were on the jury for this case I'd vote that the auction winner had to pay up, they bought it.
What say you?
