Legal issues in the hobby

[Archive]

Posted By: Joann

This might be a fun thread. Or maybe not. We'll see.

One of my professors is a huge baseball (Tigers) fan, and I recently brought in my cards to show him. He thought they were great.

He has arranged an invitation for me to speak to the Sports and Entertainment Law Society at school about cards and the legal issues associated with the hobby. I will, of course, cover fraud as the biggest topic. But on this board we have also discussed taxes, contracts and even securities.

So ... I'm looking for some help on topics I may have missed. This is for both the lawyers and the non-lawyers. What are some of the legal issues that affect the hobby? What is your analysis or opinion of the various issues?

A few general questions to get it started:

If you agree via email to buy a card, and the seller tells you he no longer has it or it is not for sale, has there been a breach of contract? What if you see it for sale a month later on the BST, or in the Pick Ups thread because someone else bought it? Can you do anything about it (assume it would be worth it - a higher end card)?

Are the grading companies indemnifiers of either buyers or sellers? I am going to PSA's web site to see what their policy is, but is there ever a chance they could be on the hook for the PSA 8 Wagner (let's assume that it is somehow definitively proven to be trimmed - not debate whether or not it is)?

If someone posts an ebay auction with a stolen scan, is there any cause of action if no one bought it? Who would the injured party be?

Any and all legal issues welcome, and the more detail the better. Can you sue on contract for specific performance if you made an agreement to buy a 1/1 card, and the seller reneges?

I am already mentally putting together my presentation (and hoping it will be scheduled after finals in a few weeks), but want to hear others' ideas.

Thanks in advance for any responses.

J