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Gazump or Gazunder?

Gazump or Gazunder?

Gazumping happens when a seller who has already accepted one buyer's offer then goes on to accept a higher offer, pushing the first buyer out of the picture. It can come about at any point before contracts are exchanged, as until the papers are signed there is no legal obligation to either buy or sell.

It`s complicated further when the asset decides they have a mind of their own and refuses to be bought by a branch of the Russian State asset robbers.

The first buyer stands to lose out on the player of his or her dreams, but that might be avoided, Exclusivity agreements can help to avoid gazumping. These involve the seller (or player) signing an agreement that states that during a specified exclusivity period, he or she will not enter into any agreement with anyone else. In football that can mean signing a pre-contract, which depending on which legal M'lud you agree with is either binding, or not.

Are Pre-Contracts binding? Well, yes and No..

Clear as Mud

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; they appear to be about as enforceable as a verbal agreement. 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, which gives the agent and the clubs agents/acquisition team lots of wiggle room and time to make 'must have` adjustments.

Eureka moments for 'gotta haves'

Of course this also means that at any time the player might throw a wobble and insist upon being loved up first - an even more expensive project, as it generally involves the demand and eventual payment of a massive 'happy to see you` via an agents off-shore invoice from their paradise paper account; detailed 'Players Global marketing rights'.

Pre-Final Contract lastminute.wonga demands

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, most greedy agents tend to avoid this like the plague as agreements like this really do make agents contemplate rather extreme measures such as buying journalists drinks, and generally keeps them awake at night (almost nothing else does) as it stops them from making utterly ludicrous and ridiculous demands at the last moment for the buying club to also show that they love him, massively.

Gazundering is a phenomenon more common to a buyers market, This is where the buyer gets to be a real meanie to the selling club by waiting until the player is almost out of contract and only then making it known to the selling club that they want to do a deal; the player is suddenly incredibly excited at the prospect of joining this buying club and of course was oblivious to any interest that they may or may not have expressed in him privately, either by 'player to player` exchanges (never can an admission of an approach whilst still under contract to your existing club be made, as according to the arcane out of date rules, that would be a bona fide 'tapping up' and a conspiracy of shaking heads whilst maintaining a blank expression under written questioning is advised to work every time - it works even better when the player lies through his teeth and expresses a desire to return back from whence he came).

Typical deal preparation

e.g. Tottenham player on international duty/player of the year dinner/PFA awards (amazing how much early biz gets brought up in passing at the dinner table by one player to another);

"Hello Rossi Blokey, my gaffer thinks you`re pretty good, but you really need to improve to be very very good` and he`s the coach to get you there…"

Rossi: " I want to be consistently very very good and loved like you, can he do that for me?"

Tottenham player: "Guaranteed bruv"..

Or if you prefer

The good old agents network:

Agent 1: Hello agent 2, you still looking after Rossi Inconsistent Blokey?

Agent 2: Yeah, but he`s sick to death of playing for a club that doesn`t know how to develop him ..and his new gaffer is a disaster waiting to happen.

Agent 1: Cool, hypothetically I might know a coach/club that`s willing to take him up a level both as a player and a man. They could make him very very good, maybe even a superstar - just have a look what his track record of producing young players is already.

Agent 1: Yeah, but are that club going anywhere and will they meet my demands, eerrr no I mean will they meet my clients reasonable requests?

Agent 1: "hold on, I`ll ask Agent 3, he`s the one with the inside track on the clubs secret inner desires:

Agent2: "What! I thought that was you?"

Agent 1: "Well I am, but I`m splitting the vast life changing commission with Agent 3 as I`m not quite licensed …"

Occasionally it`s further complicated as everybody is poised to exchange contracts and then the potential buyer lowers their offer on the player, or waits right until the last day to put in a really low ball offer…

If the seller refuses, the whole chain might then collapse, sometimes but not often an impaired (injured to the non-finance peoples) asset may affect everyone's thinking and it's ground hog day.

The Splinter Conundrum

Of course, all of this can be rendered pointless if another club really really wants him to add to their bench warmers and is willing to pay a vast hello fee and disgraceful amounts of wedge to pull splinters out of his backside for almost every league / Champions league game; an example of that might well be one ex-Spurs Player, who finally realising that he could do better than where he`d been finally joined us, but not after having wasted, sorry spent much of his career not improving and not playing but making himself consistently rich for doing not very much.

Well Mr.Rossi Blokey, what will you do?

Are we all agreed, wouldn't Mr.Inconsistent Blokey be an absolute fabulous improving asset for us, a true win-win?

Oh the joys of the next window creep ever nearer.

Click here to join in the debate on the club forum.

Date:Thursday November 9 2017
Time: 10:00AM


By the way, I should have said, I'm now all for getting Mr.INconsistent Blokey as I believe Poch will polish him into a top class player....just as he did with Walker and Rose, and a good few others who I can't be bothered to type.. :-)
09/11/2017 10:21:00
I do love an uncomplicated life!
09/11/2017 10:23:00
By the way, I should have said, I'm now all for getting Mr.Inconsistent Blokey as I believe Poch will polish him into a top class player....just as he did with Walker and Rose, and a good few others who I can't be bothered to type.. :-)

Of course, this article was promoted by news/speculation that the Chav's are prepared to pay even more stupid amounts of money for him than they were before to sit on his arse and waste his career...and to give an insight into some of the first hand machinations of a transfer that are all too real..
09/11/2017 10:25:00
I've never been keen on Blokey as a player but wouldn't mind if we got that other guy from that other place ..... Binkley, Buckley, Berkley?
09/11/2017 10:27:00
Oh and there is a prize for the first poster who can name the last England Midfield international that joined the Russian Oligarchs plaything and spend most of his time having to go shopping instead of playing...
09/11/2017 10:27:00
I'd be happy if out Scouty does his job and gets the right Blokey in. But I think Rosey has been talking to the wrong Blokey and we got Llorente without the 'ey' in his name. Whatever happened to the inho's of the world?!
09/11/2017 10:57:00
Geof.. Binkley, Buckley, Berkley?...we've tried a Bentley in the past!
09/11/2017 11:05:00
CS .... Much better cars than footballers ... so I'm told.
09/11/2017 11:12:00
Well one very well connected ITK in the forum is of the firm belief that he knows what’s happening. Watch that thread space, a new addition to our convalescence home could be annOunced come the 1st Jan ..
09/11/2017 12:19:00
Geofspurs, that Binkley Buckley Berkley person that you mentioned, could that be Christie Brinkley? She might be knocking on a bit now, but I'd like to try to help Poch out by offering to personally train her one to one for no pay whatsoever. THAT'S how much of a Spurs fan I am!!!
09/11/2017 12:30:00
MP hasn't improved lots of players, the only player who he has improved is rose. All the rest where performing below their ability, Mp got them to play at the level they were capable of. MP's fitness regime is 75% of what improves the players so MP could get Barkley playing at a higher level. Not fussed either way if Spurs go in for Barkley. Surely all clubs tap up players so it's a level playing field, relatively speaking.
09/11/2017 12:44:00
sb61 .... Your commitment to the cause is admirable!
09/11/2017 12:50:00
To be fair Binkley, Buckley, Berkley has played about as well as Dele Alli this season even though he hasn't kicked a ball yet. In the eyes of the media, I thought players were supposed to get infinitely better when they're out for a a long term injury. The very average Owen Hargreaves made a career out of it !!!
09/11/2017 13:09:00

palmover, I would be mightily impressed if MP was able to get players playing beyond what their supposed ability is. Now that would be something.

As for Ronnie Matt-Busby-Berkeley-Biggs, if Chelsea want him, they can have him! We can buy any ol' cheap-as-chips dude and make him a star. Simply by making him fitter and stronger.

Hot Tottingham
09/11/2017 13:53:00
palmover ... I'm not sure I understand you. You said that MP hasn't improved a lot of players. You also said that all the rest were playing below their ability and MP got them to play at a level they were capable of? Which is it?
09/11/2017 14:02:00
Poch must be very very lucky or found the secret formula somehow - since argybarging his way into the PL, just how many players again have been a first pick for their national teams? And anyone that thinks that you do that by fitness alone is clueless. As for Walker, simply go back and let him tell you himself how Poch helped him eliminate mistakes from his game and how Poch concentrated on driving in football intelligence, shape and tactics were to Walkers improvement - but who knows maybe Walker was lying when he said all that ...
09/11/2017 14:49:00

Oh look, it’s all about last minute agent demands again...
09/11/2017 15:07:00
Big Sam knocking Ross for only going for the cash?! Stones 'n' glass houses my man!
Hot Tottingham
09/11/2017 15:41:00
Jan Vertonghen has just pulled out of the Belgium squad.
09/11/2017 18:28:00
Drinkwater - goes to Chelsea to sit on the bench. Well that was obvious, Drinkwater for me was never going to be a regular at Chelsea. I don't think Barkley should try his luck there either, although I think he would probably get more time than Drinkwater, but for me Barklet is a perfect fit for us and Poch.

He is young enough. He is English and desparately wants to get into England set up and we have six internationals in the England set up so that will be a bonus for him and a help. He can play deep midfield but also further forward, similar to Dele and Eriksen and Dembele and Winks. So he will get a lot of help. He is strong, Poch likes that, and he is raw and has potential and I think Poch can bring it out of him.

He isn't going to get into our first 11 straight away, and may not be ready for Russia because getting game time at Spurs will be difficult for him now, not having a pre season, been out injured, but next season he could well be part of our set up and competing.

I think he is better than Sissoko, he will score more goals and create more imo and he is younger, and yet Sissoko gets game time.

i want him, but I think it will take him time to get up to scratch, Poch demands a lot, and I bet he will feel the difference when he is worked. There will be no let up, no laziness under Poch, but Poch will bring the best out of him if he wants it enough. For me, January a must buy, just hope we can get him at a decent price and he doesn't do a Drinkwater, and go for the money and glory.
09/11/2017 18:29:00
Dier to captain England. Well done Eric.
09/11/2017 22:51:00
As somewhat of a surprise alluded to elsewhere before reading here-typical. Similar stage to Lampard when left Spam for the Chavs but different situation there these days - will never be guaranteed 1st team footy straight off the bat. That said can see why they and Us are interested - hopefully with no Terry, Lampard and Cole's anymore - will want to come to us - fairplay Drinkwater with Cahill as captain but doubt they can entice him and where was Drinkwater heading with the likes of Dier, Wanyama, SIssoko and Dembele not to mention Alli, Eriksen, etc - all central! Barkley luckily can play 2nd striker and offer support in the no.10 role plus he's our type of player and it's just too good a deal to turn down even if there is a certain injury proneness which as alluded to above Poch maybe able to iron out finally.
El Jefe
10/11/2017 01:29:00
The point being if our England connection's can't do it - what will - assuming of course we want him, etc! That's what I meant by mentioning the Chelsea rearguard from yester year. Could form a formidable partnership with Alli and Kane in a triple attacking unit. Eriksen further back supported by say Dier and Winks probably. Have Son and Lamela with N'Koudou fighting it out with Sissoko, Wanyama and Dembele aswell and that is very, very tasty. Hopefully Janssen will eventually prove himself which leaves Llorente to cover in the meantime. No wonder our squad is so highly valuable. Onomah and Vickers sound promising, especially Onomah! Long term that could be the spine that sees England end the dust and cobwebs on the international scene aswell. Rose aswell, shame about Walker - what a SPINE, especially with the surrogate Belgian (and Ajax) connection!
El Jefe
10/11/2017 03:05:00
At the end of the day clubs can offer what they want, the player decides. Barkley has already turned down Chelsea once. He'll be 24 in December and seems to have realised he needs to focus on the football not the money if he wants to fulfill his potential rather than spend his career as a well paid bench warmer. Its where we actually have a competitive advantage, everybody realises that if you are serious about improving your game Spurs is the place to be.
10/11/2017 08:42:00
Of course I was referring to - I now realise I'd wiped from my memory his time at the barcodes..
10/11/2017 10:27:00
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