ALERTS: DISTRIBUTION – COMMERCIAL AGENCY - AGENT STATUS

Commercial agency: The Besançon Court of appeal rejects the application of the commercial agent status because of the agent’s lack of power to conclude contracts on behalf of and in the name of the principal (France Épargne / Generali)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. An intermediary enters into a partnership contract with the mission to seek buyers wishing to invest in real estate residences. He had to be commissioned after signing the authentic deeds of sale before a notary and receiving the funds. A clause ruled out any indemnity at the end of the contract. Considering that the reservation contracts transmitted to his partner had not been transformed into a sale because of the latter (no guarantee of completion), he took note of the breach of contract and seized the competent court. In order to disregard the above-mentioned clauses, he relies on the status of commercial agent. Commissions were therefore due to him

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Aymeric Louvet, Commercial agency: The Besançon Court of appeal rejects the application of the commercial agent status because of the agent’s lack of power to conclude contracts on behalf of and in the name of the principal (France Épargne / Generali), 18 June 2019, Concurrences N° 3-2019, Art. N° 91867, www.concurrences.com

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