Georgia Commons

Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 24. WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL

10-1-702. Payment of commission owed after contract termination; civil action authorized.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    When a contract between a principal and a sales representative is terminated, the principal shall within 30 days after the termination of the contract pay all commissions due to the sales representative.#

  2. (b)

    A principal who fails to make timely payment of commissions as required by subsection (a) of this Code section shall be liable to the sales representative in a civil action for:#

    1. (1)

      All amounts due to the sales representative according to the terms of the contract;#

    2. (2)

      Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and#

    3. (3)

      Reasonable attorney’s fees actually and reasonably incurred by the sales representative in the action.#

  3. (c)

    A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney’s fees actually and reasonably incurred by the defendant in defending against such action.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 10-1-702, enacted by Ga. L. 1986, p. 884, § 1; Ga. L. 1992, p. 1320, § 2.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, page 510; merge action: carried; file SHA-256 7afbade16da7.

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