CHARLOTTE, N.C. — When Jamie McMurray signed a contract to drive for Roush Racing in 2007, it put his current team in an awkward position.

McMurray is signed with Chip Ganassi Racing through next season, and the team has no intention of letting him leave before then. But in the five weeks since announcing his intent, the Ganassi team has been scrutinized and criticized for holding McMurray to his original contract.

In a shocking case of what goes around, comes around, Roush now finds himself in the same uncomfortable position: Defending Nextel Cup champion Kurt Busch said Tuesday he is leaving for Penske Racing South in 2007, and he wants out of his contract next year to speed up the move.

With the tables turned on Roush, outsiders are getting a clearer picture of NASCAR’s cutthroat free agent signing process.

“What I’ve been telling people is, when you conduct your business from the weeds, sooner or later the weedeater will run over you,” said Felix Sabates, a co-owner of McMurray’s car at Ganassi.

With no union or policing organization, there is very little car owners can do to prevent the competition from trying to lure its drivers away. There is usually some sort of gentlemen’s agreement that prohibits teams from talking to drivers under contract. And if the conversations do occur, it is typically with permission from the rival owner.

So when Roush swooped in and signed McMurray more than a year before his current contract expired, many NASCAR insiders viewed it as a sneaky back-room deal. McMurray and Roush have declined to discuss the specifics of their negotiations, and Ganassi has refrained from voicing his opinion.

But the practice is becoming increasingly common. With several high-profile rides opening up next season, teams are desperate to secure replacement drivers. And for the first time in years, it’s a sellers market.

Bill Elliott and Terry Labonte both recently stepped down from full-time racing, and Mark Martin and Rusty Wallace have both said this season will be their last. It’s created a driver shortage of top name talent.

With much of the available talent already under contract, car owners are scrambling to grab what’s left.

“I think it is as tough as its ever been with drivers,” said Richie Gilmore, vice president of Dale Earnhardt Inc. “Right now the market is really tough. I think you look at before, a driver would have to win Busch championships or contend for them before you were brought up.

“I think now you have to take a chance and it works out or it doesn’t.”

Gilmore admitted last weekend to speaking to 2003 series champion Matt Kenseth about driving one of DEI’s cars.