Agency contracts are an important aspect of many companies and employment contracts. You may need to hire an employment lawyer if you have legal issues or problems with agency contracts. Your lawyer can give you an overview of the relevant laws in your area. In the event of a lawsuit, your lawyer can help you file your claim and help you get monetary damages. Another important judgment that underlines the importance of the applicable law is the so-called UNAMAR judgment. The consequence of that judgment is that a Netherlands principal who appoints a Belgian representative and makes a choice of law in favour of Netherlands law does not have to subject the contracting authority to the fuller protection of the representative under Belgian law, unless the Belgian court decides that the higher protection of the Belgian representative serves a fundamental national interest. In the opinion of the European Court of Justice, the latter is not easily plausible. The main rule therefore remains that the agency contract is in principle subject only to the law provided for in the contract. To avoid misunderstandings, it is of the utmost importance to include the applicable law as clearly as possible in the contract in order to avoid disputes about it and so that you know where you stand. You must attach a statement of any discounts, rebates or commissions you receive and indicate the amount. You are not entitled to a supplier`s expenses if this information is not included in the agency contract. If you want to allow a third party to sell goods or services or act on your behalf, you should consider entering into an agency contract.
This article explains: An agency contract concluded for an indefinite period or for a certain period of time with the right to early termination may be terminated by the intermediary and the customer within the agreed notice periods. According to the law, these cannot be less than one month in the first year of the agency contract, two months in the second year and three months in the following years. If the parties agree on longer deadlines in the agency contract, these may not be shorter for the principal than for the commercial agent. It is important to understand that an agency contract is not a form of employment contract. The agency contract does not cover traditional aspects of employment, including health care, leisure or retirement registrations. In addition, the duration of the agency contract is often much shorter than the duration of a full-time job. A buyer`s agent cannot negotiate a conjunctional sales contract. In a conjunctive agreement, the agent who introduced the buyer to the listing agent can work with the buyer, but he does not work for the buyer because there is no agency contract.
The need to qualify a contract, supposedly as a commercial agent, may arise in an international context, a situation that raises not only the question of the application of the qualification criteria, but also, perhaps more delicately, the question of their identification. A contract with the title (...) The commercial agency contract is definitely at the center of this quarter`s jurisprudence. The conditions and uses of the qualification (see ECJ 4 June 2020 above all) should not obscure the importance of the issues that otherwise arise in relation to its implementation. A decision of the Court of Justice (...) Transparency and loyalty are the characteristics of the relationship between the customer and the sales agent. This is at least how the regulation of the agency contract understands things, because Article L. 134-4, paragraph 2, of the Commercial Code states that "the relationship between the (...) You must give the seller a copy of the New Zealand Residential Property Agency Agreement Guide[PDF, 2.2 MB] [PDF, 2.2 MB] before signing the contract and ask the seller to confirm in writing that they have received it. .