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“Everybody this is steven ellison. It s silly cease and transfer season is right upon upon us. And there is enough bullshit going around without adding to it with a bit of misconceptions and misunderstandings so in this video. What i m going to do is i m going to explain what a release clause is what a buyout clause is and how that relates to the antoine griezmann and manchester united transfers specifically so what is a release clause in a player s contract.
There are written clauses. Most of which relate to renumeration how much that play is going to be paid the frequency of that is it weekly monthly what bonuses they get such as goal appearances substitute bench appearances seasonal landmark goals do they get a car provided for them to the club provide that that they pay their rent or will they cover their hotel costs all that sort of stuff. The release clause is the one that you ll be most familiar with in terms of all the different clauses that are in a contract and the release clause specifically is the transfer one and that relates to the release fee. So you may have heard of different ones like luis suarez up supposedly a.
5000000 pound release fee and and this another what that allows is usually a bigger club to come in offer the figure that is stipulated or more than the figure that is stipulated in the players contract and then they move on so far. So good so. What is a buyout clause. Because you hear the release clause.
And you hear a buyout clause. Well buyout. Clauses are normally used in spain. And they re a mandatory element of a spanish contract they re usually set exorbitant lehigh and they re not usually related to a transfer fee although sometimes they work out around about what a transfer fee is for instance messi s is two hundred and fifty million and ronaldo s is rumored to be 1 billion euros.
So i don t think anyone s buying that anytime soon. But they re they re a permanent feature of spanish contracts and they re protected by law in spain a buyout clause is not a contract between a club and a club. It s a contract only between oh. It s a term in a contract or part of a contract that exists between a player and a club.
So it has nothing to do with any third party whatsoever in spain specifically a buying club..
If it s also a spanish club they only need to deposit the buyout fee with the lfp. Which is the spanish equivalent of their football association. So long as the player is happy to play a move because what they ve essentially done is they ve dissolved that contract and that work specifically with spanish. The spanish transfers using the buyout system.
So do release clauses and buyout clause is automatically free a player to move nor. They don t not certainly in the way. That football manager would have you believe and not in the same way that a spanish. The spanish transfer effectively would work luis suarez is rumored 40 million pound.
Release fear liverpool or at least closet. Liverpool was what eiffel tried to trigger when they they bid 40 million plus a pound now that was an automatic release fee. It would have been a liverpool player should he have a agreed contractual terms liverpool after it and told them to sling it so how can they do that when a club wants to play hardball. They can just simply refuse the deal with a prospective buyer in any way shape or form.
But they ve got a contract. I m hearing you all getting ready to type in your keyboards. Right now the contract is only enforceable by a body that has jurisdiction. I used to work in construction as a quantity surveyor and i would spend virtually all day every day.
Arguing with people about the minutiae of contract clauses explaining to people that they re required to pay what we are because we completed works as expressed in the contracts. That s how much you oates. We had contracts we have the law on our side. But when someone refuses to deal with you that becomes a problem now you can take them to arbitration.
Not a problem and you re probably going to win..
But if it s a large client arbitration is massively expensive and it is a large client that supplies you a lot of work. Then sometimes you can have to take the hit get treated like shit and all the rest of it just because that bigger client supplies your company with a lot of work litigation is expensive and it can bankrupt a company at the wrong time if you re constantly chasing litigation with every single person that s where negotiation comes into it football works in a very similar way with the contract clauses. Let s say the game. When it s andis.
A new deal insert the clause. That says if madrid bid 80 million zeni can leave. But you know don t wish to sell regardless of the contract they can just gobble. It not doing it so madrid and david de hey we ll take united to the arbitration.
The court of arbitration arbitration court can say the court of arbitration for sport will probably oversee that and united would lose but what united would do in taking it to arbitration is one cause everyone a lot of hassle and headache and depending on at the time they refuse to do the deal that if they try to do it like in the last week of a transfer window. There s no way that that s going to call in time for the player to move inside the registration window and complete a transfer in any given transfer window. So you can effectively keep hold of a player out and break the contract that you ve got with them and force that player to stay against these wishes and against the rules of his contract and the rulings of the court. Just by dragging out for a window and making them take you to arbitration.
Now much in the same way that this will work in a as it were when i was in construction clubs. Generally came in and will negotiate before that happens you don t need a squad full of prima donnas kicking off seeing their ass and ultimately thinking that you re not going to sell them when their time comes to maybe move on and that you want one of their clauses and stuff. Like that no one is currently tested a release clause contract in the european courts. So i don t expect anyone s going to do that soon as i said the working relationships that clubs need to operate with each other and to keep all of that players in check.
Know if you ve got a player that s tried to leave and then he s have to take you to court to get him to leave can you imagine how toxic that guy s going to be in a dressing room. So you don t generally see it happen. But that doesn t mean that club couldn t do that they could do that and no i m sure at some point. We will probably see somebody do that in spain that the release clauses are the buyout clause has an added complication when it comes to a foreign club looking to buy because the contract is with the seller and the player are not club.
The player needs to buy themselves out of their contract entered in being a buyout and in doing so that involves a taxman because the player needs to take that money from the club. Now under origin thirty million of kicking around adulting antoine griezmann has got 85 million just sitting in his bank regardless of how well he s paid so he needs to get that money off united and then go and deposit. It at lfp in doing so that s going to involve the taxman if the club pays. It then the club s probably comes under v80 regulations.
Which is gonna route. I think in spain it s 18. But if it goes to the player. If the player has to do it then you could see the fee rise potentially by up to 47 dependent on the different income brackets that are income tax brackets that the players fall into so it becomes massively.
Complicated and i m sure a good accountant could probably fiddle away through that in certain circumstances. And all the rest of it. But ultimately that is the rules. And it s massively complicated completing the transfer like this when it goes in terms of a foreign club doing the buying out of a spanish players buyout contract clause hence what we saw with under herrera athletic athletic bilbao in 2013.
When they said. There was imposters turn to put the lfp to try and buy a marquis contract. There s just a lot of regulations and a lot of paperwork and they just didn t want to go through of it and then it was obviously the negotiation of well who s paying. This is it the club is it the player well who s going to pay the tax that goes on that ultimately a player probably i can t claim back what they ve paid for in tax because they can see that whole thing going in and going out again.
But it s just complications isn t it so that brings us to what s going on with greece. Man. So you ve probably seen the phrase all over the place. With with griezmann people saying just pay the feem we get the player.
If he wants to come..
It s not quite as simple as that if i fleck all are willing then yeah. I don t see any problem without going ahead. But if they re not willing and the holding of a flight college transfer ban might throw a spanner in so works. It s not saying it will.
But it might throw a spanner into the works of this it might add a bit more complication to the deal athleticals traditionally a selling club. Though so i don t see themselves properly screwing themselves up by playing hardball with this one transfer of griezmann. Upset in a probably a very popular player screwing themselves out of the money that they re going to need to replace the guy until january or at least next summer. Before they could even go and do that their transfer ban means they re not going to sign anybody this window or certainly not be able to register anybody this window.
I think what they ll probably end up doing is allowing griezmann to go on for the sake of just not hustling every single person in the world. They ll buy their players this summer and register them in january. It s only a ban on registering players. So i think the bottom line of this is that the clauses are a gentlemen s agreement between clubs a written gentlemen s agreement between the clubs if there s a good relationship between all involved that s not an issue.
But should one of the parties decide that they want to start things at any point. They can do let s hope a flight record don t and it s as simple as that really so quite complex when it comes to the buyout clause. It s not a release clause. They re not automatic the release clause is in english contracts are more of the gentleman s agreement sort of thing and no one s ever really tested them and proved them to be uphold abul and if a club decides to be a dick they can just drag it out right away for a transfer window and make someone take them to arbitration and if that happens it can drag it out right away through a registration period and screwed up massively so hope that cleared it up any questions from in the comments below thank you for watching please subscribe ” .
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