Letters of intent might not stand up

Many of the best high school senior basketball players in the country will sign national letters of intent with colleges beginning Nov. 11.

But for those under the age of 18 who sign, the letters might not be legally binding, at least in North Carolina.

A lawsuit filed recently by a former Raleigh high school girls basketball player raised a question of the national letter of intent's legality when signed by minors.

The lawsuit was withdrawn when Western Carolina University allowed former Wakefield High basketball player Kelsey Evans out of her agreement to play for Western, but the legal questions remain.

The lawsuit claimed Evans' letter was invalid because she was not yet 18 when she signed it. National letters are signed by athletes and a parent or guardian, but North Carolina law allows a minor to back out of contracts upon turning 18 unless the contract has been approved by a Superior Court judge.

Currently, national letters are not reviewed by the court.

If the letters were legally invalid for those who signed as minors, the school would be obligated to the player, but the player could opt out.

"We have a lot of research to do," said Susan Peel, the manager of the NCAA's national letter of intent program. "There is no need to hit the panic button yet.

"This just came up. We don't know if this law is applicable only in North Carolina or elsewhere."

The national letter program is managed by the NCAA Eligibility Center and is governed by the Collegiate Commissioners Association.

A national letter states it is a binding agreement between the school and the player. The school will provide financial aid to the student, and the player agrees to attend the school at least one year.

"I don't think the national letter can be binding on a minor in North Carolina," said William P. Bray, a Charlotte attorney who was elected in 2006 as the chairman of the Sports & Entertainment Law Section of the North Carolina Bar Association.

He also is an adjunct professor of sports law for the UNC Charlotte Belk College of Business Sports MBA program.

"The law in North Carolina, and I suspect in many states, is very clear. When the minor turns 18, he or she can disaffirm the contract unless the contract has followed a very specific procedure, which in North Carolina includes having the contract reviewed by a Superior Court judge."

The intent of the North Carolina statute is to protect performers -- actors, singers, dancers -- from unscrupulous parents and talent agents. But the law also applies to agreements to "render services as a participant or player in a sport."

"My understanding is that the North Carolina law is based in entertainment," Peel said. "This is one of the things that we have to do a lot of research into."

Even though the suit did not go before the court, Richard Gusler, the Raleigh attorney who filed it, says an athlete can disavow a letter of intent after turning 18. Gusler specializes in entertainment law and lists Hootie and the Blowfish among his clients.

"I'm surprised no one has challenged the national letter before in this way," said Gusler, Evans' attorney in the suit against Western Carolina, which had refused to release Evans from her letter after WCU women's coach Kellie Harper took the N.C. State coaching job.

Gusler said North Carolina's law is clear cut and that common law in the United States is that minors cannot sign binding contracts.

"The law believes minors suffer a disability and that the disability prevents them from executing binding contracts," Gusler said. "I have talked to quite a few lawyers in the country, and every one I have spoken with agrees. I can't imagine a minor not being allowed out of a contract."

Gusler said he has heard from other athletes and some college coaches.

"A couple of college coaches said this ruins the entire recruiting process," Gusler said. "A recruit who is under 18 can back out of the agreement for a good reason, bad reason or no reason as soon as the athlete turns 18. The NCAA can't force someone to give up a year's eligibility either."

Basketball recruiting analyst Bob Gibbons said if the national letters can be disavowed by players who sign when they under 18, it will help players.

"It is good because a player could get out of the letter if the school changes coaches or the program has lied to him or whatever," Gibbons said.

Gibbons said he didn't know what percentage of players who signed during the early period are under 18.

"Most of the fifth-year seniors would be 18, and the kids who were held back a grade at some point," Gibbons said. "But I think a lot of 17-year-olds sign national letters. If this law is similar throughout the country, the landscape has changed."

Players may give oral commitments at any time, but oral commitments are not binding on players or schools.

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