07 Jul 2017 09:50:54
Question for Ed002, hopefully to put the Keita 'release clause' (or whatever it is called) to be.

Been reported widely that Keita can leave for £48m next summer. Some of the posters here have taken that to mean 'lets leave him this season and buy him next season for £48m'.

However, Ed002, I'm sure you said that the relevant clause is nothing to do with Liverpool.

Does that mean its only relevant to certain clubs i. e. German clubs only, or Bayern Munich only etc?

Like I said, trying to stop people barking up the wrong tree with this one, as many seem to think we can save money and waltz in next year and get the player.

Thanks

Z.

{Ed002's Note - If it is a "release clause" it can only be enacted by a club in the same legal jurisdiction that the contract was written in. People still use the term "buy out" clauses which are clearly very rare.

Perhaps a reminder about transfer related clauses would be apt. This is a horribly complex area not least because they are written under individual national laws. They cause a great deal of misunderstanding with football supporters and the media alike.

The "buy out" clause is legally binding between a club and a player. The "buy out" is effectively what it says - a means for the player to buy himself out of the contract. As an example, if a player wishes to buy himself out of a contract, he pays the applicable FA (on behalf of the club) the amount of the "buy out" clause effectively becoming a free agent. The problem is that in most cases a player would need to obtain that money from the buying club - and this is fraught with issues regarding "tapping up" and, of course, taxation (as it can be seen as income for the player and would therefore be subject to income tax). There was a test case about the taxation issue in Spain about four years ago. So "buy out" clauses are very rare.

A "release clause" is far more common in that it gives a figure that the club would accept for the sale of a player to another club - but it is not legally binding except where both parties are in the same country (for the sake of argument I should say that Spain and Portugal count as the same country as do England and Wales) for legal purposes. These are normally unreasonably high figures (Messi at Barcelona for example) introduced to act as a deterrent for hostile bids - and even then the club could easily block a move. However, if a club does agree to match a release clause then the selling club would be obliged to ask the player if he is interested - there is no obligation on the player to make a move. For interested clubs outside of the country the selling club may use it as a guide but are under obligation to accept a bid.

There is then the becoming popular "termination clause" which is binding between the player and the club and if met would see an offer from anywhere accepted and the player given the opportunity to make a call on a move. This overcomes the issues associated with "buy out" clauses as the money would be paid by one club to another.}


1.) 07 Jul 2017
07 Jul 2017 12:42:08
Thanks for taking the time to write such a comprehensive summary, really helps me with understanding the various options.

So, if as reported, Keita has a "release clause" then its irrelevant to us buying him next year, except as a guide for the price. As we are not a German club, we could offer the amount of the "release clause" (say £48m for arguments sake as that's what's been reported) and RBL could still say no. However, a German club (Bayern, for instance) could offer the £48m and, as long as Keita is amenable to the move, RBL would HAVE to sell him for that amount.

As its a release clause being reported, rather than a termination clause, then we have no better chance of getting RBL to agree to sell Keita next year than this year.

{Ed002's Note - If he has a release clause, in broad terms yes. However, it certainly would not be in Pounds nor would any offer from Liverpool.

RBL met with an English side over another player yesterday and I understand that the first thing they stressed was that the club should not contact the player in any way or form - they haven't - but they were adamant that they should get their point across.

I suspect the Keita issue will drag on.}


2.) 07 Jul 2017
07 Jul 2017 12:46:53
good and interesting reading that ed002 thanks for you input
Up the pool.


3.) 07 Jul 2017
07 Jul 2017 13:02:37
Nice one Ed's. That clears up a lot of confusion.


4.) 07 Jul 2017
07 Jul 2017 13:13:17
I am copying your Reply Ed02 and should be pasting into various groups ( with your consent ) as people around the globe are throwing random speculations on these clauses!


5.) 07 Jul 2017
07 Jul 2017 14:06:24
Eds are you with me in thinking that Liverpool are wasting there time chasing Keita when you have made it clear they have no thoughts on selling him what so ever. You just said it will likely drag on and on so I don't see why we are wasting our time when we could be chasing a differant player?

{Ed002's Note - There is nothing to stop them putting abid in - but if they are keen an embarrisingly low one would likely be shrugged at. They could persist and perhaps be reported to FIFA?}


6.) 07 Jul 2017
07 Jul 2017 14:11:49
Hi Ed, are RBL open to selling that other player to the other English club, or is it another case of show me a eye watering offer and we will consider? Just thinking that if they do that would probably be even less likely that they would part with many more (if any)?

{Ed002's Note - Perhps but it is unrelated.}


7.) 07 Jul 2017
07 Jul 2017 14:32:13
Responses like that is what makes this site so great thanks ed.


8.) 07 Jul 2017
07 Jul 2017 14:52:39
Utterly superb and comprehensive response ed. Thank you.


9.) 07 Jul 2017
07 Jul 2017 16:13:06
Cheers for reply ed. Knowing most of our bids for other players it will be embarrasingly low. Walk away I say.


10.) 07 Jul 2017
07 Jul 2017 16:45:04
Just read back what you said ed. If we persist we could be reported to FIFA! what a shambles. Am I alone in thinking we need to walk away, why waste so much time on a player they won't sell. Ridiculous beyond words!


11.) 07 Jul 2017
07 Jul 2017 22:51:45
Eds, brilliant explanation thanks . but what exactly is the point of a release clause? If the club doesn't want to sell then why would they include one? I understand if it's used as a deterrent but we see time and time again that clubs including LFC go in with bids under that anyway.


12.) 07 Jul 2017
07 Jul 2017 21:22:58
Your a genius ed2.