Terms Of Agency Agreement

Transparency and loyalty are the characteristics of the relationship between the client and the commercial agent. This is at least how the regulation of the mediation contract understands things, because Article L. 134-4, paragraph 2, of the Commercial Code stipulates that “the relationship between the (…) Agency contracts can occur if you ask a seller, accountant, lawyer or other third party to do business on your behalf. This glossary corresponds to the list of keywords used by the concurrences search engine. Each keyword is automatically updated by the latest EU and national jurisdictions of the e-Competitions Bulletin and Competitions Review. The definitions are taken from DG COMP`s glossary on terms used in EU competition policy (© the European Union, 2002) and the OECD`s Industry Organisation Glossary on Economics and Competition Law (OECD ©, 1993). The agency contract becomes mandatory if the contracting entity (i.e. you signed as the owner [seller/seller] of the property or someone who is acting legally for you) and the agent signed it. There is then a one-business day cooling-off period during which you can terminate (or “revoke” the agreement). Saturday is included for reflection time, but not on public holidays. It is indeed an exclusive agency contract in which the property is auctioned. If you wish to terminate the contract, you must note this in writing. Check your agreement to see how much notification you need to give.

If you would like (as a commercial agent or as a contracting entity) assistance in establishing and negotiating a viable and definitive agency contract, or in the event of a dispute or termination of an agency contract, you can contact us. The definition of a commercial agent contract for the purposes of Article 101 is the financial or commercial risk borne by the representative for the activities for which he has been appointed as representative by the contracting authority (see judgments in Case T-325/01 of 15 September 2005, Daimler Chrysler v Commission); Case C-217/05 of 14 December 2006, Confederación Espanola de Empresarios de Estaciones de Servicio v CEPSA and Case C-279/06, 11 September 2008, CEPSA Estaciones de Servicio SA v LV Tobar e Hijos SL.). In that regard, it is not necessary to assess whether the intermediary is acting for one or more contracting authorities. .

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