Its an interesting point. Adds a complication but must mean MLS feels that its a legit deal - hard to believe it could have could have got this far unless they had made that offer already.
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And IIRC, if they do go the legal route it wont be a normal court it'll be FIFA's dispute resolution chamber and or CAS so it'll be MLS in the dock as TFC isn't a real club just a branch office of MLS LLC.
And it likely wont get that far as MLS is shit scared of both of those bodies.
Here's the latest in the saga:
https://www.transfermarkt.ch/genks-p...ew/news/329740
"In the Belgian Jupiler Pro League , the KRC Genk leads the table with eleven points advantage after 25 match days. Nevertheless, the mood within the club is currently heavily burdened. The reason is the Spanish captain and playmaker Alejandro Pozuelo(photo), who wants to leave Genk with all his might and threatened by his advisor even with a unilateral breach of contract.
The story is complicated and already dates back to mid-January. At that time, Al-Ahlifrom Saudi Arabia showed interest in the 27-year-old and offered him a yearly salary of 3 million euros net. Genk's hands were tied, since in the 2021 valid contract Pozuelos, which was also traded in the Bundesliga in the past, an exit clause was anchored over 8 million euros. Therefore, the relief was great when the Spaniard decided against the high salary and wanted to continue helping to get the fourth championship title.
A month later everything looks very different: Now attracts the Toronto FC from the MLS , who had previously pulled out with Sebastian Giovinco (32) his "designated player" and thus has funds for Pozuelo's salary available. The since 2015 playing at Genk midfielder wants to change now - Uncertainty prevails, however, whether the clause still exists, as the Belgians claimed on Monday.
"In January, KRC Genk has reached a legal agreement with Alejandro Pozuelo to remain until 14 June 2019. His management now indicates that he wants to leave the club beforehand. (...) For the KRC Genk, the sporting aspect in this case is more important than the financial one, "it says in an official statement. In addition, the winter transfer market in Belgium is over and one feels legally secured, should it come to a legal dispute. That's exactly what threatens Pozuelo's adviser David Garcia.
"The statement is full of lies. The clause has not been canceled, it can go for 8 million euros. We did not sign a cancellation. Alejandro feels cheated by Genk, "quotes Het Laatste Nieuws. In "Het Nieuwsblad" he said: "The time for talks is over. If the club does not want to work on a transfer, we need the legal way. "
In this case, it would be possible to appeal to the Belgian special rule known as the "Law of 1978". This allows a player to unilaterally terminate a contract. The outstanding salary payments - in the case of Pozuelos about 2 million euros - the player must then pay as compensation to the ex-club. The problem: The MLS does not allow their clubs to sign players who have previously dissolved their contract with another club.
The fronts seem so hardened, barely fulfilling Pozuelos desire for a transfer to Canada. As the tablecloth with Genk but finally seems cut, he could ultimately land in China. There are also several clubs show interest and lure with salaries, which can not offer the Belgian leaders."
Here's another article which says basically the same thing:
http://voetbalbelgie.be/nl/article.php?id=145389
Doesn't dissolved mean the same as mutually terminated?
Some context in this story. There are apparently gentleman's agreements, sort of, that govern this. Who knows what that means? Genk has scar tissue on this type of situation going way back.
https://www.theguardian.com/football...record-signing
The player has a tattoo saying “Exitus acta probat.” I love that.
Pozuelo speaks...
Quote:
"After the public statements of Racing Genk yesterday, 11 February, I feel obliged to make this statement with regard to my contractual situation. To maintain my professional reputation, honor and public image. That's why I want fans of Racing Genk to know how everything works. It is absolutely untrue that in January I reached an agreement with Genk stating that I would stay with the club until June 14, 2019. I encourage Genk to make the contract or agreement signed by me and the club public. I am sure they will not do that because I have never signed such a contract or agreement. It is true that I have stated my intention to stay with Genk. But it has to be said that I was pressured by the club to do that.
The only and final document signed between me and Genk is the contract dated 1 August 2017 in which Genk agreed to accept a transfer from a 'third club' with the condition that they would receive a bid of 8 million euros net compensation for that transfer. "
"Genk has recently received several offers that just did not meet that condition and which I therefore refused. But in the past few days a bid has been received that meets that condition. Moreover - if I'm honest - the bid also meets my personal expectations. That is why I made it clear to Genk that I want to be transferred to that 'third club' (Toronto, ed.) And I have asked the club to accept the offer as agreed by all parties in my current contract. "
I am convinced that Genk's supporters - which I have a lot of respect for - agree that my performance was always 'outstanding'. I have always shown commitment and professionalism, made efforts. I do not consider the attitude of the club and the position they occupy to be fair. Just because it was clearly agreed that Genk was obliged to accept an offer, should it come. I believe that Genk is breaking a contract because they refuse this transfer and because they mention a so-called contract that I never signed. This situation affects my physical and mental integrity. "
"I want Genk to live up to my contract so as not to cause any further damage to my reputation and image. And I want to make it clear that - if Genk continues to violate my contract - I have no other option than to take legal action to defend my rights. I find it particularly unfortunate that I am forced to do so by Genk despite all the contributions I have made for the club in the past three seasons. However, I will remain professional and continue to offer my services with the same effort and effort as before. Until the last day that I play for Genk. As I always did - it is also what the supporters of Genk deserve. "
https://www.hln.be/sport/voetbal/bel...dium%3Dtwitter
Do we really want a guy who is leaving a team in the middle of a championship run with European Champions League football on the line?
I know some will say it's no different than what Giovinco did, but at least he left in the close season, without those stakes.
I would question this guy's character to do that.
The Saga continues - and really is poor timing for everyone involved, especially if Genk don't clinch 1st spot in the standings soon. One has to think that if they beat Brugge on Sunday, they'll let Pozuelo go because that will clinch them the Champion's League spot from the Jupiler Pro League, slapping down the only team that could potentially overtake them with 5 games remaining.
I am more than OK with it.
If you were in the middle of a critical project at work, and you worked in a profession with significant injury risk, and someone offered you an extra 6 million euros to leave, and there is no assurance that that deal will be there in a few months, but taking it meant that you would be leaving everyone you worked with in the lurch in a terrible spot ... really? You would stay?
I would leave everyone in the lurch.
It's just a job.
Sports is a cruel business all around.
I used to think this way but the mentality that exists among professional athletes today has changed, especially among younger players. Now it's really all about the money, more so than ever before. We just experienced it first hand with Seba and Vasquez.
If we can land Pozuelo, I won't judge him. It's par for the course these days.
What if you’re hiring a team for a critical project and you interview a guy who looks decent but has a reputation for leaving you in the lurch at an important time in the project. And there are lots of others who can do the job equally as well.
Do you hire that person?
Put a hefty release clause in his new TFC contract and then its win win either way.
Well, if they do end up getting this guy, he better fucking pan out. Otherwise, the egg on Manning's face will be plentiful.
The only management group that seems dodgy at the moment is Genk's. If they are publicly lying about contracts he supposedly signed then that is a straight out Mo-era TFC-verse thing to do.
They really have no choice now. They have to let him go. This is even worse than Giovinco staying here for 2019 with no new contract or option declared and lots of people here said that we should move him before the season if we don't resign him. They'll have to strip him of his captaincy as well during the stretch run. What a mess and what will other Genk (and Belgian league) players think if your club is lying about you publicly and forcing you to miss out on a very lucrative deal that you very much desire?
If TFC did this same thing people would be holding Manning & Curtis to the fire for it.
He's in Genk's travelling squad for their Europa League game Thursday in Prague.
https://pbs.twimg.com/media/DzNtrdxUYAAn_3k.jpg
This is sports, and mostly about 2-5 year contracts. This comes up with almost every player of quality that is desired by any other club, so yeah, you take him when he's available, and deal with the renegotiation when the contract is up.
At that point, if they leave like Seba, well then you replace them like we are currently doing.