2018 Maryland Code
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 6 - Wholesale Sales Representatives
§ 3-607. Revocable offer of commission

  • (a) Entitlement to commission. -- If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed on if:

    • (1) the principal revokes the offer of commission and the sales representative establishes that the revocation was for the purpose of avoiding payment of the commission; or

    • (2)

      • (i) the revocation occurs after the sales representative has obtained a written order for the principal's product because of the efforts of the sales representative; and

      • (ii) the principal's product that is the subject of the order is shipped to and paid for by a customer.

  • (b) Construction of section. -- This section may not be construed to:

    • (1) impair the application of § 2-201 or § 2-209 of the Commercial Law Article;

    • (2) abrogate any rule of agency law; or

    • (3) unconstitutionally impair the obligations of contracts.

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