Legal Question in Business Law in Washington

Private Contractor - Sales

As a private contractor for the sales of items, I am paid by printed schedule of fees. A bill for the rescent sales of the items was submitted to the sales manager and was approved. The owner of the company deducted a portion of the commission for each item because the "item was on sales". We received no writen word that we would participate in the reduction. Do I have recourse?


Asked on 2/22/98, 9:41 pm

2 Answers from Attorneys

Lawrence Glosser Law Office of Lawrence S. Glosser

Private Contractor Sales

More facts are needed to fully answer your question. However, generally, transactions "in goods" are goverend by the Uniform Commercial Code, Article 2 (UCC). The UCC differs from common law contracts in several significant ways. For one, contract terms can, in some instances, by changed by notification of one of the parties unless the other party objects. Additionally, "course of dealing between the parties" or industry standards can be implied in the contract. In your case, one would need to examine all the written communication between you and the other party, as well as past business dealings (if any) between you and that company. You should have an attorney review the entire transaction to advise you of your rights. If you need additional help and are in Western Washington, please feel free to contact my office.

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Answered on 2/25/98, 9:41 pm
Andrew Sargent Law Office of Andrew H. Sargent

Private Contractor - Sales

It depends upon the agreement between the two your you and past dealings. However, generally one party to a contract can not change significant terms unless the other agrees. Your commission rate is significant but you need to check your mail and past documents to see that you were not notified. If you were and then continued to act it could be held you agreed to the change. With out more fact I can not advise you specifically about your situaion. You should see an attorney and have the matter reviewed. Vist my web site for consultation rates. Good luck

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Answered on 3/01/98, 8:52 pm


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