A sell-on clause remains enforceable even when the player was an amateur at the time of transfer. The Court of Arbitration for Sport (CAS) confirmed that such agreements are valid under Swiss contract law and the FIFA Regulations on the Status and Transfer of Players, emphasizing party autonomy and the imputation of knowledge to a club through its representatives.
CAS 2024/A/10839 PFC Botev Plovdiv v. Club Centre de Formation National de Football[1]
Introduction
This case concerned the validity of a sell-on clause contained in a contract between Bulgarian club PFC Botev Plovdiv (Botev) and the Ivorian academy Club Centre de Formation National de Football (CFNF). The agreement entitled CFNF to 20% of any future transfer fee received by Botev for player Abdoulaye Kinski David Traoré (Player).
When Botev later transferred the player to Belgian club SV Zulte Waregem for EUR 900,000 but refused to pay CFNF, it argued that the contract was void because Traoré had been an amateur at the time of the initial move. The dispute thus required the CAS to determine whether a sell-on clause is enforceable when the player is registered as an amateur, whether a misdescription of status (“professional” instead of...
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