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Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 8:21 am
by Pumaman
This is an angle to the Rubio situation which I never really here anything about, yet I think it is something that needs to be addressed in the future for European basketball. The contract that Rubio signed (which he obviously lacked forsight in doing so) is pretty ridiculous, the amount of the buyout compared to his salary is completely asinine. You would think that there would be some sort of law or something protecting minors (which I'm guessing Rubio was when he signed the contract, although I don't know Spanish law), the contract is clearly not competitive and most certainly aimed at one thing; cashing in when Rubio bolts for the NBA. Would any of you agree to a contract with a buyout in excess of 50 times your yearly salary? I don't know what the Rubio family was thinking when agreeing to this contract, but they had to have seen this coming. I would think that Rubio could file a lawsuit with the basis being Joventut signed a minor to a contract with the intent of screwing him over to their benefit, which is something that here in the U.S. I believe a minor would always win. What do you guys think, did I miss something?
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 8:56 am
by jade_hippo
i... am an idiot, carry on please. smoke em if you got em
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 8:59 am
by mnWI
He signed the contract when he turned 16. The agent knew fully of the implications of it when it was signed, as did Rubio's family. He signed it well after his Euro-League debut (which I saw, against Maccabi). Interestingly enough, a French agent who was very connected to the situation told me that he could get out of it before he turned 18 anyway and probably would. I told him I thought he misunderstood how FIBA contracts work, but never really followed up with him on the situation after that.
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 2:03 pm
by Basti
shame on you mnWI. you could have gotten us Rubio w/o all these buyout crap. where's your effort???
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 8:57 pm
by nilo
You would think that there would be some sort of law or something protecting minors (which I'm guessing Rubio was when he signed the contract, although I don't know Spanish law)
He was not a minor. In Spain you can sign a contract when you turn 16. That's what he did.
the contract is clearly not competitive and most certainly aimed at one thing; cashing in when Rubio bolts for the NBA.
Yes. It is aimed at cashing if Rubio pretends to brake the contract before it expires. At least there is a legal way for Rubio to do that. Can Al jeferson say tomorrow, I don't feel like playing for the Wolves anymore, LA Lakers want me, so I am gonna sign for them? Correct me if I am wrong but unless the wolves want to trade him he could not do that. Rubio could do that...if he pays his buyout. Joventud like most european teams are talent developers (there must be like 200/300 kids of all ages playing in Joventud teams) NBA teams don't develop talents). Protecting their investment and work with those buyouts is something they have to do.
I don't know what the Rubio family was thinking when agreeing to this contract,
I think they were thinking to sign a pro contract for his son when he turned 16, something very very unusual even in Spain, and then maybe take him to the NBA when he was 20. Things went fast and the family decided to do that at the age of 18. I don't think they imagined their son would become the youngest drafted player ever. Was he the youngest?
I would think that Rubio could file a lawsuit with the basis being Joventut signed a minor to a contract with the intent of screwing him over to their benefit, which is something that here in the U.S. I believe a minor would always win. What do you guys think, did I miss something?
No they could not. Because that did not happen. They could claim the buyout amount is out of proportion. But the previous similar cases in court had mixed results. So it is not clear that they would have a easy case.
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 9:41 pm
by Pumaman
Thanks for the insight, Nilo, I was not sure about the laws in Spain. However a few of your points need further elaboration. When you talk about Jefferson not being able to buyout his contract that is true, but in relation to my point it is pretty irrelevant. I'm sure that if Jefferson wanted to pay the Wolves $650 million, they would be happy to let them go (50 times his salary of $13 million). Also, I tend to think that when he signed his contract at 16, that he had more options. I agree with your statement that the family thought he wouldn't be in the NBA until at least 20, and figured he might as well stay close to home, but it appears that not much negotiating went on, I'm sure they could have gotten more favorable terms if they had been negotiating with other teams.
You say that similar cases had mixed results; this seems to be pretty encouraging actually, if that is indeed true then it is worth a shot, as I doubt any of those cases were as extreme and high profile as this one, especially when considering Joventut's financial condition, I would think it would make them more likely to just lower the buyout than engage in a legal battle. Obviously Rubio has competent representatives, and we know very little compared to what is actually going on, but I just thought this was an interesting aspect that I was surprised is not talked about more, that's all.
Re: Why does nobody ever talk about...
Posted: Mon Aug 17, 2009 9:55 pm
by nilo
I understand. I am not sure about what to think with the out of proportion buyouts. This is a buyout that exists in every professional player contract in Spain. What changes is the amount. Rubio, or his parents like the rest of the players, know about those buyouts when they sign. More or less out of proportion they tend to be all too high. In practical terms is a way of ensuring a contract for a period. Some time ago these buyouts did not exist. Lets say that the system was more similar to the NBA. But with one of those old times contracts a player suit his team for violation of the spanish working laws. Since then contracts must include a clause for the player to be able to cancel his contract with that team/company. A player, as it happens all the time, can decline to review his contract becoming free to sign when their contracts expire. I'd say that that is similar to what in the NBA it's called to become a free agent.