English overview · DE – Handelsvertretervertrag
We advise on agency contracts and commission. The following guide addresses matters under German law and relevant European rules. Cross-border cases require separate consideration of governing law, jurisdiction and local requirements.
Scope and legal approach
Advice on agency contracts and commission starts with the legal position and commercial objective. The actual agreement, course of events and available evidence matter. Preventive drafting and responding to an existing dispute require different steps. The examples illustrate typical situations.
Four practical examples
These examples illustrate typical issues. They do not describe specific client matters.
Example 1
An agent handles product lines. Territory and customers are defined.
Example 2
Repeat commission is claimed. Terms and contribution are reviewed.
Example 3
Exclusivity is agreed. Exceptions need rules.
Example 4
A contract ends. Accounts and customer transition are prepared.
Assessment and next steps
We first clarify the intended result, the parties involved and the relevant chronology. The documents are assessed alongside the actual course of events. Established facts, disputed assertions and matters requiring further evidence or technical expertise are distinguished. Deadlines and any need for urgent protection are considered at the outset.
Available options are compared by cost, timing, commercial value and evidential risk. Depending on the matter, the appropriate route may involve drafting or revising an agreement, negotiations, administrative proceedings or litigation. Interim measures require their own assessment. Any settlement should specify performance, deadlines, security and implementation, rather than leave the next disagreement unresolved.
Preparing an initial consultation
Please provide a short chronology, complete relevant contracts or decisions, amendments and correspondence. Record known deadlines and when important notices were received. Explain the outcome you need, such as completing a project, reducing exposure, enforcing a claim or defending a demand. We can then agree the scope of work and discuss costs.