Expertise area

SPORTS DEPARTMENT

SPORTS DEPART-
MENT

What does real estate agency law actually have to do with player agent contracts?

A lot: according to German civil law, player agent contracts are to be qualified as broker contracts, cf. OLG Hamm, judgment of September 24, 2012, Az.: I-18 U 25/12.

If a player’s agent makes a causal contribution by proving that the player has a “club” that is willing to accept him, and if this proof results in a license player contract with the “club”, the player’s agent has earned appropriate remuneration as a broker, in accordance with § 2 of the Agent Ordinance of the FIFA limits this to a maximum of 14% of gross annual salary.

In practice, an average remuneration of 10% of the gross annual salary has been established.

When the license player contract is concluded, the parties to the contract use a trick in order not to burden the player with the agent’s commission: the club concludes a consultancy contract with the agent and takes over the negotiated commission. Then the “club” can book the consultant’s invoice as an expense in its own accounting and the player does not have to pay the consultant.

However, there are exceptional cases that occur more often in practice: the player verbally or in writing commissions a player’s agent to look for a “club”, which the agent can identify and establish contact with. The player actually concludes the license player contract with the “club”, but uses the services of another consultant. This other consultant is paid by the “association” in that the trick takes effect and a brokerage contract is concluded with the “association”. But what the player usually doesn’t know: he himself has to pay the first agent, because a brokerage contract has been concluded with him, which is not changed to the “club”.

Youth department:
The hardest currency is trust

We are navigating the way to the common goal: the leap into the NLZ has been envisaged, the first funding contract has been reached, which was checked by lawyer Uwe Piehl, further development requires advice, support, support, the first contract player contract is negotiated, the first license player contract is concluded . The contractual partner on the part of the association is a professional. It’s about terms, salary, bonuses, seasons, transfer, living and mobility, press, sponsors, social media, injuries – on the player side we are the professional opponent of the club together and trusting with the player’s parents as loyal companions.

Youth department

  • Faris Abu Hejab, Partner Berlin
  • Scouting/Betreuung Nordost Nachwuchsspieler

Sport department

  • Scouting/Betreuung international Niederlande, Portugal

Sport department

  • Francis Banecki, Partner Berlin
  • Scouting/Betreuung Deutschland national

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