This question regularly arises when agents change.
Imagine the following situation:
📌 Agent A acquired the customer and began discussions.
📌 The agency agreement was then terminated.
📌 Agent B took over negotiations and secured the signing of the contract.
👉 Must the principal pay commission to both agents?
🚫 As a general rule, no.
If the former agent earned commission on a transaction concluded after their agency agreement ended, that agent has priority.
The mere fact that the new agent secured the signing does not mean that they can claim commission on the same transaction.
⚠️ There is an exception.
Where equitable considerations justify it, the commission may be divided between the two agents.
This still does not mean that two commissions must be paid.
👉 The principal pays one commission, appropriately divided between the agents.
📌 What if both agents were acting at the same time?
The legislation does not answer this directly.
Most legal commentary takes the view that commission should also be divided in this situation, unless the circumstances of the particular case justify a different settlement.
⚠️ One further point is worth remembering.
These rules apply only to commission-based remuneration.
If the parties use another payment model, such as a fixed fee, the legislation provides no equivalent mechanism. For such rules to apply, they must be included in the agency agreement.
📌 Conclusion?
Changing agents during the sales process does not automatically create a risk of paying double commission.
It does not, however, mean that settling accounts will be straightforward.
👉 In these situations, disputes usually concern which agent should be paid, rather than whether commission is payable.
Plan customer handovers in advance and address their consequences when drafting the agency agreement.
