Manufacturers and suppliers of products often use agents acting on their behalf to promote sales, both in the manufacturer`s home country and abroad. As a general rule, a formal agreement is signed to determine the commission collected by the agent, the territory, the duration and other conditions under which the client and the agent jointly conduct business. The disclosed restricted agency, since it concerns the duale agency, can only be implemented by a written agreement. In this agreement, the agent must inform the adjudicating authority of the consequences of a dual agency and obtain the agreement of the awarding entity on the relationship. In Oregon, both clients sign a legal disclosure form with a restricted agency. Although structurally, there are separate legal forms for sellers and buyers. We are often asked to design agency contracts for clients who wish to appoint a third party to sell their goods or services. «Disclosed Limited Agency» is just one more name for the Double Agency. It is defined in Oregon law as «a real estate transaction in which the representation of the buyer and seller or two persons is done within the same real estate transaction.» It is clear that oregon`s alternating agency is still company-based. However, the limited agency agreements and administrative rules that have been made public have significantly changed the old «in-company» sales model, which is still in force in most countries. Limited staff and limited resources were one of the main reasons for the lack of interest in formalizing the process. The disclosed restricted agency is a duale agency. Agency law allows the duale agency only with the written consent of the client after the full disclosure given by the agent.
What the courts want is for the client to understand the consequences of what he had agreed before his agreement. So what are the consequences of the dual agency for the client? A commercial agreement should authorize a reseller to sell, market, market, market or sell a product on behalf of the wholesaler. It should not authorize a reseller to hire a wholesaler in a contract with a third party. When an agency is created by agreement, it is the agreement that determines the relationship between the client and the agent. The agreement generally specifies what the officer is authorized to do, where the officer can operate and when the officer can act. If the nature of the relationship conflicts, the courts will consider the actual relationship and not what any agreement says. In some cases where a reseller agreement has stated that the relationship is not that of the client and the agent, the court found that the conduct of the parties binds the wholesaler, regardless of what the dealer`s agreement says. A reseller agreement is an agreement whereby one party (reseller) agrees to sell, market, market or sell a product in the name of the other (wholesaler). As a general rule, a wholesaler is not bound by a contract entered into on its behalf by a reseller. However, when a dispute over the nature of the relationship arises and a court finds that the dealer is a representative of the wholesaler, an agreement reached by the dealer on behalf of the wholesaler is binding.