@Lucas Exactly. A good sales agreement should align incentives, not just define a commission. When both sides share the risks, responsibilities and rewards in a balanced way, long-term partnerships become far more valuable than simply negotiating the lowest possible percentage.
That actually connects with a recent experience of my own, and I think it shows why the commission percentage isn't the only thing worth paying attention to in a sales agency agreement.
I recently started discussions with a production about handling international sales for their project, and they requested quite a few changes to the agreement. We revised several clauses, clearly defined the rights and territories where we would have exclusive sales representation, and eventually they also asked that, although the agreement was for one year, either party should be able to terminate it with one month's notice.
We agreed to that as well.
There was, however, one condition I considered important: termination should not erase negotiations that the sales agent has already initiated during the term of the agreement. If I introduce a potential buyer, establish the contact, send the materials, negotiate terms and develop that opportunity, and a deal is later concluded with that same company, the agreed commission should still apply.
We made that clear in the agreement.
Interestingly, I haven't heard back from them since.
I'm not suggesting that this was necessarily the reason, but the experience reminded me how important it is for sales agents to protect the business relationships they create.
A one-month termination clause can be perfectly reasonable. But without proper protection for buyers already introduced and negotiations already underway, it can create a situation where an agent develops the relationship and starts the negotiation, the agreement is then terminated, and the producer later signs directly with the same buyer.
At that point, the question isn't only whether the commission is 10%, 20% or 30%. An equally important question is
when, and for which transactions, the agent's right to commission survives termination of the agreement.
I'd be interested to hear how other sales agents and producers handle this. How do your agreements deal with ongoing negotiations and buyers introduced by the agent after termination?