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

[BobC]

One huge difference in say Leland's just cancelling the sale is that if this item was sold for say $5K-$10K, or even a bit more, the legal fees potentially involved could easily end up being way more than what the item is even worth. So not at all then worth pursuing by either side really. But for an item selling for over $500K, that's a whole different story. And without specific wording in the consignment agreement specifically allowing an AH to unilaterally make such a decision on the consigner's behalf, I would think the AH has a duty to go after the auction winner to complete the sale and pay the full price they agreed to pay.

Technically Leland's made no false statements in their auction description, and even at this moment, that football is still the final one Brady has thrown for a TD pass in his career, retired or unretired.

[Smarti5051]

Originally Posted by BobC

Technically Leland's made no false statements in their auction description, and even at this moment, that football is still the final one Brady has thrown for a TD pass in his career, retired or unretired.

By this logic, it would be fair to advertise a May 2021 Angels baseball ticket as the "final game of Mike Trout's career." Or, Super Bowl tickets from last month can be advertised as the "final game of Matt Stafford's career." Technically, they have not played in a game since those games happened. The fact that Leland specifically represented the football as "the last touchdown of Tom Brady's career" establishes that this was material to the transaction.

[Peter_Spaeth]

Originally Posted by Smarti5051

By this logic, it would be fair to advertise a May 2021 Angels baseball ticket as the "final game of Mike Trout's career." Or, Super Bowl tickets from last month can be advertised as the "final game of Matt Stafford's career." Technically, they have not played in a game since those games happened. The fact that Leland specifically represented the football as "the last touchdown of Tom Brady's career" establishes that this was material to the transaction.

Does anyone have a ticket to Wander Franco's last game?

[BobC]

Originally Posted by Smarti5051

By this logic, it would be fair to advertise a May 2021 Angels baseball ticket as the "final game of Mike Trout's career." Or, Super Bowl tickets from last month can be advertised as the "final game of Matt Stafford's career." Technically, they have not played in a game since those games happened. The fact that Leland specifically represented the football as "the last touchdown of Tom Brady's career" establishes that this was material to the transaction.

Absolutely right, and technically correct in both your examples. There is no 100% guarantee that either one ever plays again. People seem to be acting like auction winners in such cases are poor, innocent, naive bidders who have been completely fooled by the evil AH description and tricked into bidding their hard earned money to buy something that eventually turns out to not be worth what they ended up paying for it. What about the possibility the auction winners are smart, savvy, and maybe conniving collectors/dealers looking to grab a collectible that there may still be some questions or doubts about as to its historical significance and value. But they bid to take advantage of that doubt themselves to try and get a big score at a cheap price, or make a huge profit reselling it down the road.

So be completely honest with yourself. Which type of bidder do you really think is most likely bidding on items like these with maybe some lingering doubts as to their significance and value, especially in cases where they're willing to bid $500K? And then answer me why they should be able to back out of such a deal, with virtually none of the risk on them?

If this deal does end up going south for the consigner, I sincerely hope that Brady ends up changing his mind and re-retiring, or at least ends up never throwing another NFL TD again, for whatever reason. And then the consigner puts the same football back up for auction, but now gets 2X, 3X, 4X what he was originally supposed to get for it in this Leland's auction.

But of course this is all just speculation at this point. No one has heard what the auction winner intends to do yet, have they? Until then, this is all moot.

[D. Bergin]

Leland’s owes the consignor their share of the sale if the top bidder follows through on their bid and pays for the item. No more, no less.

I don’t think it’s as complicated as you guys are making it out to be.

I mean, you can make it as complicated as you want, and hire Alan Dershowitz to take it all the way to The Supreme Court if you want to throw a lot of money (and time) away.

Make an example of a customer who obviously is a victim of dumb circumstance in order to make some ridiculous point or hold them to some legal technicality.

It’s silly.

It’s a free football that a dumb jock threw into the stands.

BTW, I’m not the high bidder on this item. Just want to make sure I’m being transparent in my argument. 😂

I’d have to explain to my wife why I just sold our house, everything in it, both our cars and a good part of our retirement fund, for a $40,000 football.

I’m not normally this sympathetic to people who have enough money to throw around on baubles like this.