ESPN.com reports that Tony Stewart and Office Depot have reached agreement on a sponsorship deal if Stewart moves to Haas CNC Racing as a co-owner in 2009 after his contract expires with Joe Gibbs Racing.

Wow. So much for my recent speculation about whether Home Depot would stick with Gibbs or Stewart and whether Gibbs had the leverage. If Stewart is indeed ready to switch Depots, then I’d say he has the leverage now, and Gibbs should begin negotiating a big-dollar buyout.

Although ESPN.com quoted J.D. Gibbs as saying negotiations were ongoing for 2010, if Stewart is indeed signing contingent sponsorship deals, it would seem as though he really doesn’t want to be at Gibbs where he no longer is the top dog with young stars Kyle Busch and Denny Hamlin, and therefore it’s time for him to move on sooner rather than later.

A negotiated settlement — i.e. buyout — would appear to be the prudent course, though with a long-time sponsor such as Home Depot involved, that might be easier said than done. Would Home Depot’s deal with Gibbs be as valuable to Home Depot with rising star Joey Lagano in the 20 car? Or someone else, such as pending free agents Martin Truex Jr. or Casey Mears? How much sway will Home Depot have with Gibbs if it wants Stewart at all costs?

It appears to be a bit of a mess, but that’s because NASCAR allows teams to speak with opposing drivers about switching allegiances before contracts expire. In other sports, this would be considered tampering, and it wouldn’t be tolerated. This of course happens every season, the so-called “silly season,” and I guess if NASCAR wanted to prevent it, it would, particularly with the amount of money tied up in marketing and promotion of drivers’ images with certain sponsors.

A s NASCAR and its marketing wing learned last year with the mountains of Dale Earnhardt Jr. No. 8 Budweiser gear, products bearing a lame duck driver in a lame duck car with a lame duck sponsor don’t exactly fly off the shelf.

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