According to German journalist Raphael Honigstein, correspondent for The Guardian, there is an odd but somewhat serious snag involved in the potential purchase of Emre Can by Liverpool.
Yesterday, the media was alight with rumors linking the young German with a move to Anfield to help give midfield cover to a major weak point in the Reds’ squad – defense.
However, Can’s contract apparently has two conflicting clauses, making one big mess for his current club Bayer Leverkusen.
His purchase from Bayern Munich last August was actually intended to be more of a loan, and therefore a buy-back clause for Bayern was inserted into the 20-year-old’s four-year deal with Leverkusen.
Liverpool intended to trigger such a release clause, which would contractually and legally require Leverkusen to broker a deal with Liverpool for the offer amount.
However, since there is also a buy-back clause for Bayern, any Bayern offer matching the buy-back amount would contractually and legally require Leverkusen to broker a deal with the Bavarians for the offer amount.
See the problem?
According to Honigstein, if Bayern wished to exercise their own rights, it would render the release clause null and void, leaving Liverpool dead in the water. Likely, the release clause should never have been drafted knowing Bayern has first right of refusal.
However, because two parts of the contract are conflicting, it’s hard to predict how things would legally play out if bids were to come in from both sides.
No formal bid has been made public from either side, but the submission of one could seriously muddy the waters, especially if it were from England. It remains to be seen if Bayern wishes to block such a deal to a potential Champions League opponent.