17 Nov 2025 09:13:32
Hypothetically, can a player pay a club to be released from contract, recoup that money via a signing on fee at another club? therefore Hypothetically could a player do this outside transfer windows to make a move .
{Ed007's Note - They can in Spain because all contracts over there must contain a buyout clause - remember Neymar's move from Barca to PSG? - but only players who are free agents at the close of the transfer window can register for a club outside the window. If a player in Spain bought out his contract just now he'd be kicking his heels until January when the window opens.}
17 Nov 2025 16:26:45
The club would need to agree I would assume as they hold the registration papers.
{Ed007's Note - No, the club can't stop the player leaving.}
17 Nov 2025 16:53:47
I was not referring to your Spanish example. I was meaning in general. So let's say Engels wanted to buy out his contract, I would assume he would need to come to an arrangement with Celtic before he was allowed to terminate unless Celtic had breached the contract.
{Ed007's Note - 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 10/12 years ago which is why they have an exception. All players in Spain and Portugal have a clause that allows the player to buy himself out of his contract without tax implications. This was to address a ruling from around 30 years ago allowing players a way out of their contracts. The other notable point about Spain and Portugal is that the clauses if invoked by a non Iberian club need to be paid in full by the player (there are local rules that stop tax being due) but by needing to put up 100% of the money upfront would end many transfers then and there. It works differently in Iberia to elsewhere as the tax implications do not make such clauses viable. All players in Iberia must have a figure set and agreed with the club. So "buy out" clauses are very rare. Related to this is the Webster Ruling but I don't intend to go in to that now.
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 (clubs) are in the same country (for the sake of argument I should say that football Spain and Portugal count as the same country as do England and Wales) for legal purposes. These are normally unreasonably high figures ( Lamine Yamalat 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 in the same country 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 and may demand a higher figure.
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 and about the legal proximity of the buying side.}