During a Transaction, while acting on behalf of a player and an engaging club, can a Football Agent be granted a mandate solely by the engaging club to transfer the player in the future?

The general principle is that a Football Agent may only perform Football Agent Services on behalf of one party in a Transaction, subject to the sole exception under which a Football Agent may perform Football Agent Services and Other Services for an Individual and Engaging Entity in the same Transaction, i.e. dual representation.

In the situation described above and depending on the circumstances of the case, there would likely be a high risk that a Football Agent has a conflict of interest. This risk is triggered, notably, if a Football Agent represents an Individual in a Transaction to be transferred to an engaging club, and then simultaneously (or shortly after) enters into an agreement with that same engaging club for a potential onwards transfer of that same Individual. This situation may give rise to a conflict of interest, as the Football Agent hopes to obtain a good deal from the engaging club (i.e. the future releasing club) for the onwards service fee, instead of the Football Agent exclusively focusing on a good deal for the player while bringing them to the club. In a nutshell, the future transfer may affect the Football Agent’s incentives during the earlier Transaction. Thus, this type of situation would be potentially subject to investigation.