Commission; revocable offer; entitlement

Sec. 7. (a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed upon if: (1) the principal revokes the offer of commission and the sales representative establishes that the revocation was for a purpose of avoiding payment of the commission; (2) the revocation occurs after the sales representative has obtained a written order for the principal's product because of the efforts of the sales representative; and (3) the principal's product that is the subject of the order is shipped to and paid for by a customer. (b) This section may not be construed: (1) to impair the application of IC 32-21-1 (statute of frauds); (2) to abrogate any rule of agency law; or (3) to unconstitutionally impair the obligations of contracts. As added by P.L.138-1990, SEC.1. Amended by P.L.1-1993, SEC.193; P.L.2-2002, SEC.76.