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Delta-Lawyer, Attorney
Category: Business Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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What legal rights do I have to be able to get out of an agency

Customer Question

What legal rights do I have to be able to get out of an agency contract from my agent who I feel is not doing a good job at representing my career, and is refusing to let me out of my contract unless i buy it out? Which I would do if I had the money but since he controls what money i make by not getting me work?
Submitted: 2 years ago.
Category: Business Law
Expert:  Delta-Lawyer replied 2 years ago.
The answer depends on the the language in the contract. If he is your agent and is responsible for securing you work as a element of the contract and that is not happening, then the agent is in material breach of contract. As such, you should be able to dissolve the contract with proper written notice based on his breach. If the contract has language that protects him in that circumstance, then you will have to look to other contractual language within the contract that may provide an out for you, without you having to pay. Lastly, it is poor form for an agent to sue a leaves them with a rather bad reputation. Therefore, it is unlikely that
Expert:  Delta-Lawyer replied 2 years ago.
he would sue you.
That said, if the language in the contract gives him all of the protection, then quite frankly, if he is the type to sue, it is going to be hard to get out of the situation.
The best laid plan is to evaluate all of the language in the contract. It sounds like you have a very good argument that he is in material breach and you can walk with proper notice. That should be the primary angle for you at the moment.
Let me know if you have additional questions. Please rate my answer positively as well.
Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks