Agency Agreement From
If you. B Asking an agent to sign a contract on behalf of your company and you have not read the contract first, you remain responsible for all contractual terms. The client approves the officer`s actions and therefore bears the last responsibility. The agency agreement between a client and the agent must always be written in writing, with clear commercial terms, with explicit language limiting the responsibility of the client, when the representative does something that has not been authorized. This protects you personally and professionally. For the purposes of article 101, paragraph 1, the agreement is referred to as an agency agreement where the representative does not support or assume any risk related to contracts concluded and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this area of activity and other activities that the awarding entity is required to carry out in the same product market. However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment. Therefore, for the purposes of section 101, paragraph 1, an agreement is generally considered an agency agreement where ownership of property purchased or sold is not the responsibility of the agent or when the agent does not itself provide the contractual services and when the agent determines in the agency contracts the situations and conditions under which the commission is to be paid. The parties are free to agree on the amount of the commission. On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA. Although the question of a real estate agent`s ability to call upon the services of a commercial agent is now settled (L. 70-9, January 2, 1970, s.
4, of L. No. 2006-972, 13 July 2006, s. 97), the determination of the commercial agent`s rights in relations with the Relationships An agency contract is a legal contract that creates a trust relationship, with the first party (“the donor”) agreeing that the actions of a second party (“the agent”) bind the client to subsequent agreements of the agent, as if the client had himself entered into the subsequent agreements. The agent`s power to retain the client is generally referred to as an authority in law. The agency created through an agreement may be a form of tacit authority, z.B. If a person gives his credit card to a close relative, the cardholder may be required to pay for purchases made by the parent with his credit card. 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.