State of Missouri Allows High School Senior Athletes To Make NIL Money But Only If They Commit To In-State School

huskers1217 said:
they have to actually sign a LOI before they can cash in on the NIL
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Yep. And by that point, most players are about to enroll for spring ball anyways. This isn't going to be the recruiting advantage that many people think that it is. Missouri landed a top player from...Missouri. This has happened before and will happen again.
 
jjc2009 said:
How is this even enforced. Get the NIL deal, commit to state school of choice, get paid, transfer portal.

You’ve already played the HS games, gotten the money. They can’t force you to STAY at the school.
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Would the NIL contract be enforceable? I mean sue him for restitution?
 
Kburjr said:
Would the NIL contract be enforceable? I mean sue him for restitution?
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The NIL contract is not contingent on him signing with Missouri. According to the law, they do not have capacity to enter into an NIL contract unless they have signed with a Missouri school.
 
Kburjr said:
So, he can't transfer out-of-state?
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He should be able to, although there are restrictions on the transfer portal. So long as the athlete abided with those, they could transfer.
 
huskers1217 said:
they have to actually sign a LOI before they can cash in on the NIL
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michaeljordan_fan said:
Based on what others have said, HS athletes in Missouri are only eligible after signing a LOI.

They could of course enter the transfer portal later on.
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Not quite, but close.

First, he can't sign an LOI until December 20. So that's out.

The Missouri law uses the phrase "other written agreement" not LOI. It is presumed that a financial aid agreement or scholarship agreement can fall under that category.

The state law goes into effect on August 28th. Nwaneri can sign a financial aid agreement and be eligible to begin getting NIL money on September 1st as long as the document he signs is with an in-state institution.

Here's the catch: Financial aid agreements are not binding for the player. So he could sign that, do some things to get NIL money beginning September 1 and would still be able to sign anywhere he wanted to on December 20. And Missouri's not going to be able to get that money back because he would have done whatever act was required to earn that money. And because NIL specifically can't be an inducement to attend a certain school, the contracts are not going to be able to say that payment is dependent upon him actually showing up. It's dependent only on him signing the document (this is true for any player, I'm just using Nwaneri as the example). In other words, there's a risk for Missouri. Do you trust the kid that if he says he's coming he's actually going to come and not just get three months of payments out of you and sign elsewhere?

I stole this from somewhere else and paraphrased some of it.
 
jjc2009 said:
How is this even enforced. Get the NIL deal, commit to state school of choice, get paid, transfer portal.

You’ve already played the HS games, gotten the money. They can’t force you to STAY at the school.
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Doesn't even have to transfer ... you aren't at the school until you enroll. See the post above.
 
None of this even addresses the 800-pound gorilla in the room - it's clearly against the NCAA rules. But, the Missouri state law like Texas' and some other states' laws specifically says the NCAA can't penalize the school or the player for violating the NCAA rules. It's insane, but it seems to me that a school paying a player before ESD would be a great test case for the NCAA. It's hard to say you aren't inducing the player to come to your school when you are paying him before he even enrolls.
 
Kburjr said:
Would the NIL contract be enforceable? I mean sue him for restitution?
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The NIL deal is with an outside group not the school. It can’t be.
 
jjc2009 said:
The NIL deal is with an outside group not the school. It can’t be.
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Are you saying that the NIL contract cannot, by law, be contingent?

In that case, there are a bunch of fools negotiating for the NIL side.
 
Kburjr said:
Are you saying that the NIL contract cannot, by law, be contingent?

In that case, there are a bunch of fools negotiating for the NIL side.
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I suppose the person offering the deal can make it contingent on him going to a state school but I don’t think that’s what’s being discussed here.

The state is saying HS seniors can make NIL deals but only if they agree to play in state in college.

That’s a state requirement to be eligible to negotiate an NIL deal. Anything else seems to be flirting with inducement which is an NCAA violation
 
WhosYourDawggy said:
Not quite, but close.

First, he can't sign an LOI until December 20. So that's out.

The Missouri law uses the phrase "other written agreement" not LOI. It is presumed that a financial aid agreement or scholarship agreement can fall under that category.

The state law goes into effect on August 28th. Nwaneri can sign a financial aid agreement and be eligible to begin getting NIL money on September 1st as long as the document he signs is with an in-state institution.

Here's the catch: Financial aid agreements are not binding for the player. So he could sign that, do some things to get NIL money beginning September 1 and would still be able to sign anywhere he wanted to on December 20. And Missouri's not going to be able to get that money back because he would have done whatever act was required to earn that money. And because NIL specifically can't be an inducement to attend a certain school, the contracts are not going to be able to say that payment is dependent upon him actually showing up. It's dependent only on him signing the document (this is true for any player, I'm just using Nwaneri as the example). In other words, there's a risk for Missouri. Do you trust the kid that if he says he's coming he's actually going to come and not just get three months of payments out of you and sign elsewhere?

I stole this from somewhere else and paraphrased some of it.
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Where did you see this? Every article I saw about the law says a LOI must be signed.
 
jjc2009 said:
I suppose the person offering the deal can make it contingent on him going to a state school but I don’t think that’s what’s being discussed here.

The state is saying HS seniors can make NIL deals but only if they agree to play in state in college.

That’s a state requirement to be eligible to negotiate an NIL deal. Anything else seems to be flirting with inducement which is an NCAA violation
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I totally agree with the inducement part. However, I did not realize it was the state, itself, providing the NIL money.
 
Kburjr said:
I totally agree with the inducement part. However, I did not realize it was the state, itself, providing the NIL money.
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I’m not suggesting it is. It’s my understanding that to even be eligible to ink a deal you have to agree that you’ll stay in state.
 
jjc2009 said:
I’m not suggesting it is. It’s my understanding that to even be eligible to ink a deal you have to agree that you’ll stay in state.
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That's the contingency. If you don't stay in state, the NIL contract would be null and void and all funds paid out would be recoverable. Or, do I have a wrong interpretation of contract law? Admittedly, I have no training in the subject.
 
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