Legal Question in Business Law in New York

Agent Contract

Hello,

I'm trying to get rid of my current agent, who hasn't sold a thing. I sent him a certified letter to void our 30-day contract, and it was returned unclaimed by the postal service. Can he cause trouble in the future? What should I do? Thanks.


Asked on 7/02/06, 3:09 pm

2 Answers from Attorneys
Robert DiPaolo The Fidelis Group, LLC

Re: Agent Contract

Hello. First, you need to read the agreement you have with your current agent. You will want to focus on the term and termination clauses. These clauses will tell you the term or length of the agreement, and describe the circumstances under which you can, and the procedure by which you can, terminate the agreement. As suggested, termination for non-performance is a possibility, but this is a very fact specific cause/reason for termination, and the burden will be on you to demonstate it. We at the Fidelis Law Group would be pleased to review this agreement for you, and assist you with the matter, should you need the assistance of a lawyer, which you may or may not, depending on the agreement. If you would like to discuss this matter further, please do not hesitate to contact us at [email protected].

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Answered on 7/05/06, 5:29 pm
Norman Nadel Norman Nadel, Esq.

Re: Agent Contract

Is he an exclusive agent?

My guess, in any event, unless your contract with the agent is horrible, you can terminate for non-performance.

Get a new agent and go on with your business.

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Answered on 7/02/06, 3:56 pm


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