Oberto=2Scola Bird in hand=2 in Bush

[Mavs<Spurs]

Thanks to Kori, now I can see the confusion. I'm not going to pretend to be an expert. Ok, I'm a math major (and definitely not a lawyer), but I did take Business Law (yes I got an A). If I remember correctly, my professor, a practicing attorney, told us that (1) an addition or revision to a contract, where there is a difference, takes precedence and that (2) an entire contract is not invalidated even if some part of it does not apply or is void.

If that is true, it seems like the Spurs would probably win in court. From what I'm hearing, the main point of the revision of the contract was to adjust the buyout. It would make the entire revision of the contract of no effect. I would guess that a judge would probably rule that the buyout is the one in the contract revision.

Again, I am definitely not an expert on the law and might remember things incorrectly and most certainly could be wrong, but that's what I'm thinking.

In any event, it seems like if we think about it, we can't blame the Spurs. No doubt the Spurs have an awesome attorney who has understands the law on this. That attorney may have told them that they might or might not be able to win in arbitration or in court and get the lower buyout number. A lot of times you really have no idea what the outcome will be in litigation or arbitration. If they waited and lost, they would have nobody (not even Oberto). It does not seem like they would be able to get a settlement in before July 22. At that point, all the free agents split and soon the Spurs would not be able to do anything. They felt like making sure that they got Oberto who they need and could help them some was better than going through litigation or arbitration (where would it be- in the U.S. or in Argentina or elsewhere?) and very possibly getting nobody at all.

So, we can say several things:
First, the $14.5 million is not a lie. It could be the case that since the lower buyout numbers are dependent upon Scola being taken in the first round which he wasn't, they are invalid and the first number holds. Funny things happen in court all the time. Unless Tau has released a public statement recently stating that they were willing to take less (and/or bargain), that number has to be taken as legit. Until Tau says something like this or there is a ruling from an arbitrator or a judge saying the contrary, at the very least at this point it is a possible buyout cost.
Second, the Spurs did not ruin Scola's life. He signed a contract. My dad told me to always read everything before you sign it. That clause about first round wasn't necessary and he should have taken it out just in case someone wanted him as a prospect (but could still give him a good contract at the right time). That clause was a mistake that Scola and Scola's agent made.
Third, the Spurs probably did the right thing. You don't throw away a for sure good player that you know you can get now for a player whose rights you already own, but who may be way too costly or take too long (in terms of missing other possible free agents and being left with nothing) to get here this year when you can get him here next year. Use the interim time for arbitration.


I would have liked to have gotten Scola and if we can find a way to get him, I would rather get him here as soon as possible and not trade him if we have a choice. But let's not forget who we are. We're the Spurs.
Let's not panic people. We're the world champs. Tim, Manu, Tony, Oberto, Nazr, Robert, Brent, Bruce ... we have a solid core. I think we'll be even better this year.


Go Spurs!


First, there were the Jordan Rules. Now, there are the Manu Rules.

[WalterBenitez]

Just to add some comments

First, it is very probably that de contract includes a mention where to be solved, since TAU is located in Spain, for sure the court will be Sapnish.

Second, internationally speaking is pretty common that Sports Federations avoid courts, and their disputes are solved by Sports Federations; this is not a minor point since FIBA is the World Basketball Federation and NBA (I am not sure) is just an organization related with USA Basketball (The organization that has FIBA's representation in States).

Finally remember that mostly of the world have different laws and different protocols to work in a dispute, which means that:

TAU signed a contract with Scola (pay attention that if he was 17 at that time, according to some countries his parents should have signed it, because he was underage)

In that time TAU and Scolas found it fair, IMO TAU took advantage of his age (under Argentinean law I read that you could go to the court because of boyout stipulation).

The Scenario of Scola's or whoever going to the court will probably push TAU to hold his federative rights so Scola wont be able to play anywhere.

IMO, Scola could talk, Spurs could talk ... TAU could talk... bottom line = Scola + Spurs should wait.

Just an opinion

[GrandeDavid]

My brother-in-law is an attorney and knows all about this kind of contractual stuff. I'm gonna run this by him.

[Money316]

My brother-in-law is an attorney and knows all about this kind of contractual stuff. I'm gonna run this by him.

Can't wait

[boutons]

"is an attorney"

... is a member of the Spanish bar and Spanish contract law?

[Mavs<Spurs]

My brother-in-law is an attorney and knows all about this kind of contractual stuff. I'm gonna run this by him.

That would be great. Please post whatever you find out!
Thanks.

[wildbill2u]

In any event, does anyone think this mess could be sorted out by the opening of the season if TAU tried to enforce the contract? This could be in a Spanish court for longer than Scola's contract will last.

The onus was on Scola and his people to negotiate a buy-out that he could afford and live with. The Spurs couldn't get too involved because they'd be sued for tampering with a contract (tor ious interference).