Can an independent sales rep withhold and refuse return of a company’s samples even if the agreed fees are paid and there is no contract?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an independent sales rep withhold and refuse return of a company’s samples even if the agreed fees are paid and there is no contract?

Asked on November 19, 2014 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally, a company's samples are the company's property. If there is no contract, then the representative would have to return them on demand (just as the representation could be terminated entirely on demand, in the absence of a contract to the contrary), though the company would have to pay any shipping, insurance, etc. costs. Often, it's not economically worthile to do this and the samples are left with the sales representative, but that is a cost-benefit issue, not a legal one. (And similarly, if the rep will not return the samples voluntarily, it may not be economically worthwhile to bring a legal action to recover them or their value.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption