MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
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Having a commission agreement drafted typically costs between 550 and 1,250 euros for a custom-made agreement; having an existing draft reviewed and adjusted usually costs between 250 and 550 euros. For a structural sales partnership where the agency arrangement comes into play, or for an international agreement, costs rise to 1,750 euros. No notary is involved, and the agreement is not subject to any formal requirements. You pay for three things: a legal basis that is not open to misinterpretation, a revenue opportunity that holds up in the event of non-payment, and a termination clause that prevents you from facing a client compensation claim at the end. Below are the rates, the process, and when it is perfectly fine to do this yourself.
The short answer
- Tailored costs: 550 to 1,250 euros for a commission agreement, rising to 1,750 euros for agency or abroad.
- Review costs: 250 to 550 euros for reviewing a submitted draft with point-by-point adjustments.
- Notary: not necessary; the agreement is not subject to any formal requirements, though recording it in writing is advisable.
- Processing time: a few working days, plus the time required by the counterparty.
- What you pay for: basis, moment of earning, duration of the entitlement and the termination arrangement.
- Do it yourself: possible with a one-time referral fee or a short collaboration with a regular client.
Having a commission agreement drawn up: what does it cost?
The price follows the complexity of the collaboration, not the number of pages:
- Simple referral agreement with a fixed percentage and a limited duration: 550 to 800 euros.
- Commission agreement with tiered rates, exclusivity, and prospect referral system: 800 to 1,250 euros.
- Structural sales cooperation in which a conscious choice is made for or against agency: 1,000 to 1,750 euros.
- Assessment of a submitted draft with a point-by-point proposal: 250 to 550 euros.
- Negotiating with the opposing party: on an hourly basis, in practice one to three hours.
If the commission agent works for multiple clients, a proprietary basic model is the cheapest route: you have it drawn up once and then use it with varying appendices for rates, territory, and client list. This reduces the costs per collaboration to almost zero.
What the lawyer specifically adjusts
The substantive gains are almost always found in the same four places.
- The basis. Percentage of turnover is too vague. It will be stated whether the calculation is based on invoiced turnover excluding VAT, on payments received, or on gross margin, with an exclusion list for shipping costs, additional work, recharged costs, and retroactive discounts, plus a settlement arrangement for credit notes and returns.
- The moment of earning. In the absence of an agreement, in mediation, the fee is due as soon as the agreement is concluded through the mediation (Art. 7:426 paragraph 1 of the Dutch Civil Code), i.e., before the client has paid. In the contract, this is split: earned upon signing, due after payment, and forfeited upon definitive non-payment.
- The agency question. Durable mediation for remuneration without subordination constitutes agency (Art. 7:428 BW), and this is mandatory law: notice periods of four to six months (Art. 7:437 BW), compensation for irregular termination (Art. 7:439 BW), and a client compensation of up to a maximum of one year's remuneration (Art. 7:442 BW). The choice to fall under this or not is made consciously and subsequently implemented in the actual structure.
- The client definition. A prospect registration system and a client list by start date are attached. This is the part where the money lies upon termination, and which self-drafted contracts most often fail to mention.
The process step by step
- Intake: what exactly does the commission agent do, how often, for how many clients, and with what degree of independence? The qualification follows from those answers.
- Qualification check: mandate, mediation, agency, or employment contract (Art. 7:610 BW). This is done at the beginning, because it determines the entire structure.
- Calculation example: calculate one concrete deal based on the proposed basis. This reveals whether the parties have the same intention; in practice, this frequently turns out not to be the case.
- Draft: agreement with appendices for rates, area or segment, and the existing customer list.
- Negotiation round: point-by-point response to the opposing party's remarks, usually one round.
- Signature: digitally or in duplicate, with the attachments attached and initialed.
Legal turnaround time: the draft is ready within a few working days. The total duration depends on how quickly the counterparty responds. Start this before bringing in the first client, because a commission agreement finalized only after the first deal almost always turns into negotiations regarding that deal.
What it yields
Practical example: A technical installation company has been working for three years with a self-employed individual who brings in clients for a 6 percent commission, stipulated in a four-line email. Upon termination, the introducer claims ongoing commission on all existing clients plus client compensation pursuant to Article 7:442 of the Dutch Civil Code, arguing that the collaboration constituted an agency agreement. The dispute costs both parties months and many times the cost of a contract. An agreement for 750 euros with a limited commission duration, a client list, and an explicit termination clause would have settled the dispute in a single paragraph.
Honest recommendation
You do not need a lawyer for this for a one-off introduction for a fixed fee, a trial period of a few months, or a small collaboration with a contact you know well. In that case, put five points in writing yourself: the basis, the percentage, when the commission is earned and payable, how long the entitlement runs per client, and the notice period with which both parties can terminate. A confirmed email containing those five points is better than an extensive contract that you never sign.
Do engage an agent as soon as the collaboration becomes structural, if commissions continue on subscriptions or recurring revenue, in the case of exclusivity for a territory or segment, when the commission agent works almost exclusively for you, in the case of cross-border collaboration, or when mediating financial products and insurance for which a license and sometimes a commission ban applies. At those moments, the contract determines whether the termination of the collaboration results in a settlement or legal proceedings.
Read more: what is a commission agreement and drafting a commission agreement. You can have it drafted immediately via the commission agreement.
Frequently Asked Questions
Typically, 550 to 1,250 euros for a tailor-made agreement. For a structural sales collaboration involving the agency arrangement or with a foreign party, this rises to 1,750 euros. Assessing a submitted draft usually costs 250 to 550 euros.
No. A commission agreement is not subject to any formal requirements and can even be concluded orally. However, recording it in writing is advisable, as it is precisely the basis and the timing of earnings that are disputed retrospectively. In the case of agency, either party may require that the agreements be set out in a signed deed (Article 7:428, paragraph 3 of the Dutch Civil Code).
From a legal perspective, a few working days for the draft. After that, the counterparty sets the pace. Start before the first client is brought in, because an agreement finalized only after the first deal effectively becomes a negotiation regarding that deal.
Almost always regarding the same points: the basis of the calculation, the moment at which the commission becomes payable, how long the entitlement continues per referred client, exclusivity, and the run-off period after termination. The percentage itself is usually the quickest to settle.
That depends on the contract. The usual arrangement is that the commission is earned upon signing but only becomes payable after payment by the client, and lapses if it is definitively established that payment will not be made. In the case of agency, the law works similarly: the right to commission lapses if it is established that the third party will not pay for a reason that does not concern the principal (Article 7:433 of the Dutch Civil Code).
For a one-off referral fee, that is possible. However, models usually remain silent regarding the basis, the duration of the commission entitlement per client, and the existing client list, and it is precisely these three points that determine the disputed amount upon termination.
In that case, the factual content is decisive, not the title of the document. If there was sustained mediation in the conclusion of agreements for remuneration without subordination, the mandatory rules of Title 7.7, Section 4 of the Dutch Civil Code apply, including the notice periods of Art. 7:437 of the Dutch Civil Code and the client compensation of Art. 7:442 of the Dutch Civil Code. Therefore, have the cooperation qualified in advance rather than afterwards.
