Agents should be aware that unless they have effectively agreed anything to the contrary with the principal in question, that they are entitled to receive commission in respect to all and any sales concluded during the period of the agency agreement, where either (1) the relevant transaction has been concluded as a result of their actions, or where (2 the sale has been concluded with a customer whom the agent introduced to the principal for transactions ‘of the same kind’.
Agents should also be aware that if they discover that the principal has not been paying commission as it is obligated to do, or has otherwise been varying the basis for paying commission without the agent’s agreement, that they may very well have the right (amongst other possible rights) to hold the principal to account, and to force it to belatedly pay what it ought to have paid in the first place.
Finally, agents should also be aware that, under Regulation 12(2) of the Commercial Agents Regulations, they are entitled to demand to know what sales have taken place in their territory area or with ‘their’ customers and so able to check what their commission entitlement should be.