Would you follow through and pay? Brady's last TD

[icurnmedic]

Technically mis-advertising I guess.
Sucks for the AH and seller.
Of course whoever bought may have so much $ it doesn’t matter. Maybe not.

[chalupacollects]

No, unless you can trade up for his real last TD ball...

[BobbyStrawberry]

I'd want to know whether or not it was deflated.

[Jewish-collector]

This is one of those times that you gotta say to the auction house, "Sometimes, I'm just not gonna pay"

[oldjudge]

You can pay or spend attorney’s fees when you get sued and then pay. Sounds like either way the buyer is screwed.

[oldjudge]

I wonder if, out of the goodness of their heart, Leland’s waives the buyers commission.

[chiprop]

Doubt it. False advertising! “the final touchdown ball of Tom Brady’s career”. I would not pay and take my chances.

[Peter_Spaeth]

Originally Posted by oldjudge

You can pay or spend attorney’s fees when you get sued and then pay. Sounds like either way the buyer is screwed.

My first reaction would be to consider the doctrine of impossibility/frustration of performance/purpose == Leland's cannot now deliver the item as represented due to changed circumstances. I'd have to think about it more and research. There are classic cases called the coronation cases -- people rented hotel rooms on the assumption a coronation would be on a certain date, but then the date changed. Or some similar fact pattern. Vague memory from first year contracts. Can't remember which way they came out.

[Exhibitman]

Originally Posted by Peter_Spaeth

My first reaction would be to consider the doctrine of impossibility == Leland's cannot now deliver the item as represented due to changed circumstances. I'd have to think about it more and research. There are classic cases called the coronation cases -- people rented hotel rooms on the assumption a coronation would be on a certain date, but then the date changed. Vague memory from first year contracts.

It's not really impossible; they can deliver the item. More like force majeur. The value of the item was destroyed by events beyond anyone's control or consideration.

[Tyruscobb]

Originally Posted by Jewish-collector

This is one of those times that you gotta say to the auction house, "Sometimes, I'm just not gonna pay"

Timing is terrible. However, buyer would face a breach of contract lawsuit if he/she doesn’t pay.