Kanzlei fuer Arbeitsrecht Schweier
Preventive legal advice for commercial agents


Commercial agents are generally compensated on a commission basis, i. e. turnover-dependent. For this reason, it is even more important for them to have a clear regulation of the calculation of their commission. Therefore, e.g. the following questions are relevant to them:
  • When is payment of commission due?
  • Is there a claim for an advance payment?
  • What risk does the commercial agent bear if the customer does not pay?
  • Which documents can the commercial agent demand to inspect in order to check the calculation of his/her commission claim?
  • What does the commission claim amount to if others were involved in the procurement of the transaction as well?
  • What (other) claims does the commercial agent have upon termination of the contractual relationship?

RESULT:

Preventive legal advice can help the commercial agent to influence the structuring of the contract and to agree on clear stipulations, in particular as far as the commission payments, which are important for him/her, are concerned.