§ 66-192. Civil liability. - North Carolina Statutes

§ 66‑192.  Civilliability.

(a)        A principal whofails to comply with the provisions of G.S. 66‑191 or is shown to havewrongfully revoked an offer of commission under G.S. 66‑192.1 is liableto the sales representative in a civil action for (i) all amounts due the salesrepresentative plus exemplary damages in an amount not to exceed two times theamount of commissions due the sales representative, (ii) attorney's feesactually and reasonably incurred by the sales representative in the action, and(iii) court costs.

(b)        Where the courtdetermines that an action brought by a sales representative against a principalunder this Article is frivolous, the sales representative is liable to theprincipal for court costs and for attorney's fees actually and reasonablyincurred by the principal in defending the action.

(c)        A principal who isnot a resident of this State who contracts with a sales representative tosolicit orders in this State shall be subject to personal jurisdiction asprovided in G.S. 1‑75.4.

(d)        Nothing in thisArticle shall invalidate or restrict any other or additional right or remedyavailable to a sales representative or preclude a sales representative fromseeking to recover in one action on all claims against a principal. (1989, c. 506, s. 1; 2003‑331,s. 1.)