Legal Question in Business Law in New York
independent contractor commission
I was contacted by a European food manufacturer to find buyers in the US market for his products. I would like to know that how can I ensure that once I find that potential buyer he will not bypass me. I was told by a friend to make the buyer sign an Independent Contractor Commission Letter before revealing all the information to him. Would this be the proper solution?
3 Answers from Attorneys
Commission Letter
You should obtain a writing setting forth all of the terms of your agreement. You must be careful to include, not only your agreement as to the first sale, but any commissions you would be entitled to for subsequent sales.
In addition, you should be certain to protect yourself against claims, should the seller deliver products which do not meet the specifications of the buyer.
You should retain an attorney to help you.
Commission Letter
I agree with Kevin Danow. Also you shouldinclude a means of auditing their sales to see if they are being honest with the oneswhich would generate commissions.
The "you" in the above sentence = YOUR LAWYER.
Would you do your own brain surgery?
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independent contractor commission
Since I do not know the specifics of your situation, and since you have not retained me to represent you, I cannot give you legal advice about your particular situation, but only general advice about what to consider when you retain a lawyer.
In addition to the other excellent advice that you have received, you may want to consider having a contract on both the sell and the buy side. Your buyer will acknowledge your status as finder. And your seller will do the same.
You will want to be sure that your attorney considers some mechanism for ensuring payment of fees if the European company breaches its agreement with you. You could have a terrific contract, but it won't do you much good if you must enforce it in Europe, and you can't afford the legal fees to do so.
Good luck,
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