Another important judgment, which emphasizes the importance of the applicable law, is the so-called UNAMAR decision. The result of this decision is that a Dutch client, who appoints a Belgian representative and makes a legal choice in favour of Dutch law, is not obliged to subject the client to the wider protection of the agent under Belgian law, unless the Belgian court decides that strengthening the protection of the Belgian representative serves a fundamental national interest. According to the European Court of Justice, this last point is not easily plausible. The main rule, therefore, is that the agency contract is, in principle, exclusively governed by the law provided for by the treaty. To avoid misunderstandings, it is of the utmost importance to include the applicable law in the treaty as clearly as possible, in order to avoid disputes about it and to tell you where you stand. On the occasion of a merger, Econocom, the client, and proposed by its commercial agent, SD Lease, the conclusion of a new agency contract modifying the basis and rate of its commissions – the rate of 6% of turnover is replaced by 9% of the gross margin – and includes a (…) The salesperson must control the behaviour of his own salespeople. This is the main lesson that can be learned from the judgment under comment. Company N, whose objective is the marketing of dietary supplements, uses the exclusive services of company C as part of a commercial agency contract in 2006; (…) In addition to the convenience of letting someone act on your behalf, an agency agreement can also arise from necessity. If you. B in the face of a legal case, you will probably have to represent a qualified lawyer. The recruitment of this lawyer is an agency agreement between you and the lawyer, and it authorizes the lawyer to act on your behalf. If a clientele and/or territory have been assigned to the sales agent, this is only the case, unless it has been expressly agreed that this was not the case (Article 7:431, paragraph 1, point c) of the Dutch Civil Code). Therefore, it is important (from the client`s point of view) to explicitly declare in an agency agreement that there is no exclusivity.
If you are not satisfied with the services of an agent, it is important to terminate your contract with them correctly before registering with another agent. Otherwise, both agents can charge you a commission if the property is sold. What happens when an agency agreement is terminated depends on what the agreement says. If your agency uses standard clauses, you can read the standard clauses for housing agency and campaign agency contracts on our website here. An important feature of agency contracts is also the right to a customer tax (in practice called „goodwill fees“) that the sales agent may have at the end of the agency contract. In accordance with Section 7:442 of Book 7 of the Dutch Civil Code, at the end of the agency contract, a sales agent is entitled to a customer fee if the agency contract is terminated: you must declare that your agency has an internal complaint procedure for handling complaints and that the seller can complain to REA without first using your internal claim procedure. They should receive a copy of the contract signed immediately or as soon as possible. Ask your agent for a copy if it is not extended to you. A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C.
art. L. 134-4). If the client does not comply with this obligation, he can attribute the violation initiated by the agent and, therefore, the (…) The agency agreement must indicate the estimated amounts or amounts of these commissions or discounted on these services. You can negotiate with the agent to find out if you need to pay the full amount.