Nemanja Bjelica

[Jack Strop]

QO is completely different... it’s an offer... not an agreement. If He player accepts said offer it cannot be pulled.

It’s a hypothetical so I’m not arguing it anymore, but a verbal agreement is an enforceable agreement in many businesses and if relied on to the detriment of the player I think they could sue for economic damages if there were any... can’t intentionally deceive someone have them rely on it and then hurt them economically... maybe they’d get off on a technicality...

There is the business side of course... but I think if the team did it to a player there would be some recourse.

We'd have to research this a little more to see if it applies to the NBA. I think until a player and agent see the structure of a contract and agree to it, it's likely not enforceable. It may be viewed as more of a quote. The other day I agreed with an insurance agent that I was going to switch to State Farm for $500/6 months. But once I saw the structure of the contract, I told them I was changing my mind and signing with someone else.

The fact that no one has sued a team and vice versa probably means these aren't enforceable contracts until ink is put to paper.

 

[Ineptimusprime]

We'd have to research this a little more to see if it applies to the NBA. I think until a player and agent see the structure of a contract and agree to it, it's likely not enforceable. It may be viewed as more of a quote. The other day I agreed with an insurance agent that I was going to switch to State Farm for $500/6 months. But once I saw the structure of the contract, I told them I was changing my mind and signing with someone else.

The fact that no one has sued a team and vice versa probably means these aren't enforceable contracts until ink is put to paper.

I am a lawyer — oral contracts generally are binding unless they fall into categories that are covered by the statute of frauds (sale of land, goods over $500, etc.). Obviously, it can be difficult to prove an oral contract though if one side doesn’t want it enforced.

That being said, there may be something in the CBA that restricts the enforceability of oral contracts between teams and free agents. I am not at all an expert on that. It might operate like verbal commitments in the NCAA that are not enforceable by player or school.

EDIT: one form of agreement that must be in writing under most (if not all) state statutes of frauds is any agreement that cannot be performed within a year; thus, oral NBA contracts for even a one year deal would not be enforceable even if there weren’t anything in the CBA restricting enforceability.

SECOND EDIT: looked at the CBA provision governing the moratorium period (which is applicable to Bjelly’s “deal” with Philly, because it was first reported on July 5, no?) it expressly states no binding contracts (oral or written) can be entered into during the moratorium (with certain exceptions). Instead, teams and players are limited to “negotiations.”

 

[Handlogten's Heros]

We'd have to research this a little more to see if it applies to the NBA. I think until a player and agent see the structure of a contract and agree to it, it's likely not enforceable. It may be viewed as more of a quote. The other day I agreed with an insurance agent that I was going to switch to State Farm for $500/6 months. But once I saw the structure of the contract, I told them I was changing my mind and signing with someone else.

The fact that no one has sued a team and vice versa probably means these aren't enforceable contracts until ink is put to paper.

I can’t think of any examples where players and team agreed and then the team said “nah” unless there was a failed physical.

Just cuz something hasn’t been litigated doesn’t mean it isn’t illegal. In business I’ve had plenty of opportunity and good legal reason to litigate and passed for one reason or another.