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?


Asked on 2/14/98, 4:49 am

3 Answers from Attorneys

Keven Danow Danow, McMullan & Panoff, P.C.

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.

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Answered on 2/20/98, 9:33 am
Harold M. Weiner Coles & Weiner, P.C.

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?

The above preliminary discussion is not intendedas legal advice. You are notified that we only givesuch advice in areas of law that we are fullyqualified in by virtue of training and experience;that we are licensed ONLY in New York and Maine, and the Federal court system.. There is no substitute for sitting down face to face with anattorney, to protect your rights under law, and to determine your obligations. We are your attorneys only if you have entered into a written retainer agreement with the firm of Coles & Weiner, P.C. We reserve the right to reject any potential clientfor any reason.

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Answered on 2/21/98, 1:59 pm
Christina Kallas Law Offices of Christina Kallas

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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Answered on 2/26/98, 9:48 am


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