More details to this question:
I am in Florida and in 2012 we entered into an agreement with another party (in NY) to pay a commission based on providing business to our hotel. The contract only stated that the commission was payable within 45 days. We require commissions to be invoiced and one was never received. Yes, our requirement regarding invoicing was not specified in the contract but the vendor did not indicate how we were to be notified regarding amount due. Had they made any contact regarding the commission not being paid, we would have made that request (demand). There has been no correspondence with the vendor since the original agreement was signed until now and the company that now is looking for payment is not the same as the company we contracted with in 2012. To be best of our knowledge, they have been bought out several times over. Are we obligated to pay this commission?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
You are bound by the terms of the agreement. Period. Its always amazing how people that owe money always seem to graft some unannounced condition on when it comes to payment. Obviously, if you knew some monies were owed, you could have equally contacted the vendor to request an invoice or to remit payment. That stated the SOL for a non-written agreement debt is 4 years and if based on a written agreement 5. You may also have different SOL to deal with if the contract is deemed to be in another state, which is common for out of state vendors.
Answered on Apr 12th, 2016 at 1:55 PM
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