But keeping in mind we’re going by what has been publicly stated here in the press. It may all be wildly inaccurate. The granularity of contract law means this is going well over the head of the average observer.
For all we know Genk understands they are completely full of shit but feeds some nuggets to their local media knowing they’ve got a PR poop storm coming. Just like MLS’s incoherencet response to Camilo flipping them the bird and riding off to Mexico.
I thought the only legal issues may revolve around whether his release clause only pertains to Belgian window or other windows..? I can't think of any other legal issues that could arise. However, can Genk report us to FIFA for tapping up their player? I know it happens all the time, but Genk might be very compelled to complain, and it certainly seems like we might have been in discussions with him and his agent, before speaking to the club.
Would not be surprised if this tweet is basically how Manning et al feel right now - Wheeler does tend to parrot the line within the camp.
Check out this tweet at https://twitter.com/WheelerTSN/status/1095062341836832769
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A binding deal requires Board and MLS approval. Legal liability can come from other things - like intentionally interfering with contractual relations. Manning and Co. can create certain problems for MLSE and possibly MLSE ie if Genk sues for interfering with the contract it doesn't matter if Manning had authority to finalize the deal or not. Sorry to be pedantic.
MLS is a tough, physical league, that emphasizes speed, and features plastic fields, grueling travel, extreme weather, and incompetent refs. - NK Toronto
This isn't NA sports and we're (almost) within our window just like China is and the Middle East was up until last week. There is no interference to buy players in this window especially when the buyout was met. Don't make more of this than it is. It's standard gamesmanship and fan manipulation. You should know how this works. Our old FO's did this type of shit at every turn for years.
https://www.nieuws365.be/news/1391/c...opt-op-pozuelo
Genk's rival is pleased. Poz seems to be a real star in that league..
By the way, if you open in chrome it's easy to get it translated..
https://www.voetbalprimeur.be/nieuws...l-kosten-.html
Hazard of Genk... nice
The issue with the board is reputational. It can severely impact your effectiveness if you are sloppy with your board.
If Manning went to the board and said: we can get this player for $XMM total commitment, that is one thing.
If he went and said: we can possibly get this player for $XMM, maybe, we’ll try, or maybe it’s a few million more, because there could be a legal dispute, and even then I am not sure we can get him, and doing this and not getting the player could expose us to legal risk ... well that is another thing entirely. He’d be 100% fine there.
You don’t go to your Board twice. That isn’t a work-in-progress update step.
We don’t know what happened yet, so this is only speculation. But I think nobody ran down the legal side of this properly in advance, based on how it has played out.
Last edited by ensco; 02-11-2019 at 05:41 PM.
"There are some people who might have better technique than me, and some may be fitter than me, but the main thing is tactics. With most players, tactics are missing. You can divide tactics into insight, trust, and daring." - Johan Cruyff
Everything said buyout clause. The legality will be Genk saying that doesn't go into effect until June while Poz and his agent say otherwise. There's no going to the board for anything. We met the buyout. We're done. From everything I read it's Genk vs. Poz/Agent and the latter were persuing legal action against the club.
Not everything is always our FO being hillbillies and falling all over themselves to manage anything of consequence.
However, we could probably make this all go away with a couple more million Euros and that's probably what Genk is hoping for.
I think you are speaking with certainty about something you cannot possibly be certain about.
I dont think you understand this very well, actually. If you do, this post sure doesn’t show it.
I also havent argued that that the FO are “hillbillies”, I am pretty complimentary in other situations.
"There are some people who might have better technique than me, and some may be fitter than me, but the main thing is tactics. With most players, tactics are missing. You can divide tactics into insight, trust, and daring." - Johan Cruyff
Doesn't a player signs with MLS with a predefined alignment to a specific team? MLS owns all players contracts and rights. It's often the league + team negotiating with all player acquisition I recall. So that adds a different dimension for player transfer. No team can go solo by themselves. How and when league + team collaborates is beyond me.
^This is a very good point - if there has been a screw up, MLS office would own some of that
"There are some people who might have better technique than me, and some may be fitter than me, but the main thing is tactics. With most players, tactics are missing. You can divide tactics into insight, trust, and daring." - Johan Cruyff
Isn’t he right about this? If we met the value of the buyout clause and we have a deal with the player, the only real legal issue is whether this clause preventing a move until the next transfer window applies. And that really is between the player and the team. Unless the team is saying we’ll waive that clause for x amount of money I guess.
No. The question is, what should a reasonable employer expect to know about an employee's availability or circumstances?
It is not OK to interfere with someone else's existing employment contract if you should reasonably know that doing so would injure another party to that contract.
If Pozuelo (or his agent) gave a copy of his contract to TFC as part of the lead up, and TFC relied on his interpretation that he is free to move, and a court decides TFC should have known they couldn’t sign the player, TFC has risk.
A lot of “ifs” there, but if Genk can convince a court that TFC is unreasonably or wontonly interfering with their shot at a 25M euro payday, then we have a problem.
We'll know the answer to this soon. If TFC pay more than a nominal amount over 8M euros, or if they walk away, then we will know they almost certainly bungled it. (It’s not our money but it would sour the overlords, guaranteed - they could have just had him with no complications for 8M on January 31)
It may turn out the TFC have handled this well. I am just reacting to the news flow.
I didnt like like the sound of the language in the Genk press release saying this is about principles and sport and not money. That got my attention ( I know they could just be blowing smoke) because minnows in Europe get pushed around a lot.
Last edited by ensco; 02-11-2019 at 07:20 PM.
"There are some people who might have better technique than me, and some may be fitter than me, but the main thing is tactics. With most players, tactics are missing. You can divide tactics into insight, trust, and daring." - Johan Cruyff
I think at this stage you almost have to scrap the move don't you?
I'm note sure how bad of a reaction the FO will get for not replacing Seba but you have to bite the bullet now. Forfeit the CCL and grind through the beginning portion of the regular season without an established MLS striker.
We could be looking at rough month or two, a lot draws and just grinding a way to victory.
The summer window is a better opportunity to regroup.
Except our window is open - point is this sort of shenanigans do exist. And realistically, all TFC are doing is taking advantage of an agent offering his player. Now, is this all on the up and up as far as the player & the agent is concerned? Nope - and we all know this sort of behaviour may/will happen again if the agent/player wants a move.
That's what happens when you look to players of this capacity. You deal with scoundrels & people receiving advice that might turn against you some day. Its obvious now that Seba got advice from D'Amico that turned against TFC. Nature of working with players of that class.
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If this deal goes south, looking forward to who the second choice would be.
We also need to recognize the difference between negotiating a transfer (which is what happens 99% of the time, and is what these Chinese deals in February are, which makes them irrelevant as precedent here) and triggering a release clause or a buyout clause.
The latter is extremely rare (Neymar to PSG and Kepa to Chelsea being maybe the only obvious recent examples, and both were in Spain which has unique rules on this) and it's not clear to me what to acquiring teams legal obligations are to the existing team, precisely because this situation is so rare.
Last edited by ensco; 02-11-2019 at 09:38 PM.
"There are some people who might have better technique than me, and some may be fitter than me, but the main thing is tactics. With most players, tactics are missing. You can divide tactics into insight, trust, and daring." - Johan Cruyff