Pre contract agreements (javi Guerra)

A lot of people are getting excited about the fact we have signed javi guerra on a pre-contract agreement . The agreement itself is probably not worth the paper it is written on . There are so many if and buts about them that it is by far a done deal that he will come here .
Getafe had one with Juan Cala for example , look what happened there as soon as a better offer came in . It is a long time between now and June where anything is possible.
The truth behind this signing is that he didn't want to commit to a team that could possibly get relegated , if we do I would bet everything I've got that he is instantly released from the contract and won't come here .


Law in sport : The enforceability of pre-contract agreements

The advent of the transfer window and the Bosman ruling in 1995, which enabled players to agree to join a new club six months before the player’s contract with his present club is due to expire, has meant that pre-contracts between clubs and players have become increasingly common. Pre-contracts come in many different forms but generally speaking it is an agreement providing for the player to join the club on a future date.

The nature of a pre-contract can often lead to the parties misinterpreting its legal effect and disputes can arise when one party fails to honour its obligations under the pre-contract. A dispute recently arose between Scottish player, Richard Brittain, and clubs Ross County and St Johnstone. In January, Richard Brittain signed a pre-contract with St Johnstone ahead of a move to the club in the summer from Ross County. However, Richard Brittain subsequently changed his mind about the transfer for personal reasons and signed a new contract with Ross County. St Johnstone insisted that Richard Brittain was bound to the pre-contract that he had signed and threatened legal action against Richard Brittain for breach of contract.

Are pre-contracts binding?
The enforceability of a pre-contract will depend on the specific terms of the agreement. Pre-contracts are generally not binding under English law as they are usually marked “Subject to Contract” and are simply a commitment by the parties to enter into a later contract. The difference between a pre-contract and a contract is that the parties to the pre-contract have not agreed the essential terms and so the pre-contract does not reflect the final agreement. However, if a pre-contract contains all the essential terms that have been agreed, then the pre-contract is effectively a final contract and is likely to be binding.
FIFA’s Dispute Resolution Chamber (“DRC”) has had to determine on a number of occasions whether a pre-contract has binding effect when a dispute between a club and a player has arisen. The DRC has generally held that a pre-contract is binding if it contains essential terms such as the duration of the contract, remuneration and additional benefits. Another factor taken into account by the DRC is whether the pre-contract has come into effect. If the pre-contract has been terminated prior to when it is due to take effect, then the DRC has been reluctant to find that the pre-contract is binding whilst if the parties have already begun to perform their obligations under the pre-contract prior to any termination, then this is usually evidence to prove that the parties intended to be bound by the terms of the pre-contract. In an attempt to release themselves from the obligations under a pre-contract, parties have attempted to allege that the validity of a pre-contract was conditional upon a player successfully completing a medical or obtaining a work permit however the DRC has rejected all such arguments on the basis that Article 18(4) of FIFA’s Regulations on the Status and Transfer of Players 2012 prevents the validity of a contract between a player and a club being “subject to a successful medical examination and/or the grant of a work permit.”

could you not just have replied to the main thread on this where everyone is already discussing this?

either way getafe got £1m from us for cala, so even if someone else comes in for him now, we have a foot in the door, we have done worst business in the past, but thanks for your negativity

No negativity just facts which people seem to overlook sometimes , and I'll post what I want . For the record I hope he comes he looks a good player .