Article 995. Departure from instructions of the principal.
1. The commission agent shall have the right to deviate from the instructions of the commission principal if, in the circumstances of the case, this is necessary in the interests of the commission principal and the commission agent could not previously request the committent or did not receive an answer to his request within a reasonable time. The commission agent is obliged to notify the principal of the deviations made as soon as the notification becomes possible. A commissioner who acts as an entrepreneur may be granted the right to deviate from his instructions without prior request. In this case, the commission agent is obliged to notify the committent of the deviations made within a reasonable time, unless otherwise provided by the contract of commission. 2. The commission agent who sold the property at a price lower than agreed with the consignor is obliged to compensate the latter for the difference, if he does not prove that he had not had the opportunity to sell the property at an agreed price and the sale at a lower price warned even greater losses. In the case when the commission agent was obliged to preliminary request the committent, the commission agent must also prove that he was not able to obtain the preliminary consent of the committent to derogate from his instructions. 3. If the commission agent bought the property at a price higher than agreed with the committent, the committent who does not want to accept such a purchase is obliged to notify the commission agent within a reasonable time after receiving a notice from him about the conclusion of a transaction with a third party. Otherwise, the purchase is recognized as accepted by the committent. If the broker has informed that he accepts the difference in price to his account, the consignor is not entitled to refuse the transaction concluded for him.
Links to other articles of chapter 51. Commission: