Revocable offer of commission

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    (a)    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)    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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