Understanding the Legal Definition of a Sales Representative

Definition & Meaning

A sales representative is an individual who is either contracted or employed by a company (referred to as the principal) to solicit orders for goods. This person earns their income, either entirely or partially, through commissions based on the sales they generate. This definition is established under Michigan's Sales Representative Act.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A company hires a sales representative to promote and sell its software products. The representative earns a commission based on the sales they close.

Example 2: A clothing brand contracts a sales representative to attend trade shows and generate orders from retailers. The representative receives a percentage of each sale made through their efforts.

State-by-state differences

State Key Differences
Michigan Defined under the Sales Representative Act with specific rights regarding commissions.
California Similar protections exist, but additional labor laws may apply to commission structures.
New York Sales representatives may have different commission rights based on specific industry regulations.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Independent Contractor A person hired to perform a specific task or project. Sales representatives often have ongoing relationships with principals and may earn commissions.
Employee A person who works for a company and receives a salary or hourly wage. Sales representatives may not be traditional employees, as their pay is often commission-based.

What to do if this term applies to you

If you are considering becoming a sales representative or hiring one, it's essential to draft a clear contract that outlines the terms of the relationship, including commission structures. You can find templates for sales agreements on US Legal Forms. If your situation is complex, consulting a legal professional may be beneficial to ensure compliance with applicable laws.

Quick facts

  • Typical compensation: Commission-based, varies by industry.
  • Jurisdiction: Governed by state laws, particularly the Sales Representative Act in Michigan.
  • Potential penalties: Breach of contract may lead to legal disputes.

Key takeaways

Frequently asked questions

A sales representative typically works directly for a company, while a sales agent may represent multiple companies.