Possible sanctions if Corinthians abandon André’s sale to AC Milan | OneFootball

The consequences of Corinthians potentially withdrawing from André’s sale to AC Milan would hinge on how far the agreement had progressed. According to Meu Timao, in international transfers FIFA’s Regulations on the Status and Transfer of Players apply alongside civil law.

If the paperwork was only a draft or pre-agreement, labelled “minuta” or “subject to contract”, and dependent on a definitive contract, medicals, FIFA approval or registration, there is generally no binding obligation. Liability may extend only to agreed expenses, such as travel or medical tests, if provided for.

If the draft already contained the essential terms, including fee, payment method and deadlines, with express assent and both clubs’ signatures, it can still be binding even if called a draft. Backing out could then trigger a contractual penalty if stipulated, damages, or a claim to FIFA’s Dispute Resolution Chamber.

FIFA tends to treat an agreement as binding when there is clear consent from the parties and no clause making it conditional on later formalisation. If the Brazilian club withdrew without an exit clause, an international dispute could follow.

Key questions include whether there was a clause stating it was subject to signing a definitive contract. Whether the player had already signed with Milan and whether FIFA’s Transfer Matching System had been initiated. Also whether a withdrawal penalty clause existed.

Source: Meu Timao