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.

<< Article 994 TKRF Back to table of contents Article 996 TKRF >>

Links to other articles of chapter 51. Commission:
Article 990. Commission agreement.
Article 991. Commission.
Article 992. Execution of a commission order.
Article 993. Responsibility for the non-execution of the transaction concluded for the committent.
Article 994. Subcommission.
Article 996. Rights to things that are the subject of a commission.
Article 997. Satisfaction of the requirements of the commission agent from the amounts due to the committent.
Article 998. The responsibility of the commission agent for the loss, shortage or damage to the property of the principal.
Article 999. The report of the commission agent.
Article 1000. Adoption by the committent of a commission executed under the contract.
Article 1001. Reimbursement of expenses for the execution of a commission order.
Article 1002. Termination of a commission agreement.
Article 1003. Cancellation of the commission order by the committent.
Article 1004. Refusal of the commissioner to perform the commission agreement