Commercial-agent commission after the contract ends: review compensation and evidence
After a commercial agency ends, commission and compensation may be different claims. Review termination, customers and conditions separately.
31 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
When a commercial agency ends, the accounting is not automatically finished. Outstanding commission and possible compensation have different conditions.
This article concerns the distinction in commercial agency. It is not a general article about estate-agent commission, factoring or a claim based on one invoice.
The review should cover the contract, customer list, transactions, commission statements, termination and communications after the contract ended.
Which review comes before the next step?
Answer one short question about the claim. The orientation helps prepare the documents.
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What matters most right now?
The next step depends on the contract, documents, deadlines and objections.
Overview of all answers.
Structure documents first
Start with the contract, claim statement, payments and correspondence. A chronology makes the next step reviewable.
Take objections seriously
A dispute, counterclaim and mere delay have different consequences. Claim and evidence should be reviewed separately.
Review the special point quickly
Deadlines, special rules and economic relevance should not be inferred from a general description.
Which commissions may remain open after termination
The UGB contains special rules for commercial agents. Commission may be due for transactions arranged or prepared during the contract. The wording and timing of the transaction are decisive.
After termination, later transactions with customers acquired by the agent may be relevant. Whether a claim exists must be reviewed against the statutory conditions and the actual course of events.
Why compensation requires a separate review
Compensation is not simply a later commission invoice. It concerns the principal’s benefit from the customer relationships developed by the agent and further statutory conditions.
The agent should present customer contacts, sales development, follow-up transactions and work with documents and clear dates rather than broad assertions.
Structure customers, transactions and accounting as evidence
Termination, dissolution, exclusion periods and accounting must be reviewed together. A claim may fail because it was asserted late or cannot be proven.
Important: Compensation is not simply a later commission invoice. It concerns the principal’s benefit from the customer relationships developed by the agent and further statutory conditions.
How the firm reviews the next step
BRANDAUER Attorneys first structure the claim, contract, evidence, objections and deadlines. The firm then reviews whether a lawyer letter, negotiation or court step is sensible.
The strategy depends on the documents and economic relevance. The firm reviews your information and agrees the next step with you personally.
Frequent questions
Are commission and compensation the same claim?
No. Outstanding commission and possible compensation have different legal bases and must be reviewed separately.
Which customers may matter for compensation?
Among other things, it depends on whether the agent acquired customers or substantially expanded the relationship and whether the principal continues to benefit.
What should be preserved after termination?
The contract, customer and transaction lists, commission statements, termination, follow-up transactions and all communications.
Related pages
Commercial agent, Commission, Compensation, UGB, Contract end, Customers, Evidence, Austria