Legal Question in Business Law in New York

exlusive sales rights

manufacturer has a exlusive distributor in the area. can a store owner buy from other sources and sell in the area legaly which is covered with this agreement? what are the remedies for the distributor ?


Asked on 9/21/03, 3:47 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: exclusive sales rights

A lot may depend upon what exactly is being distributed and what obligations/representations were undertaken/made by the manufacturer to the distributor.

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Answered on 9/22/03, 10:09 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: exlusive sales rights

Your question is somewhat difficult to understand. Generally, the contract specifies the limitations. Ordinarily, businesses are free to purchase from other sources unless they enter into an agreement that prevents them from doing so. An analysis of the specific language of the agreement would be necessary to come to any firm conclusions. If you are not bound by an agreement and you wish to avoid a particular distributor in your area, you are free to make purchases from anyone. However, other distributors of the same product may not be permitted to sell to you because of the limitations in their agreement. If that is the case, the local distributor may be able to take a competing distributor to court to enforce the terms of the agreement with the manufacturer. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com

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Answered on 9/21/03, 4:54 pm


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