Massachusetts General Laws

Mass. Gen. Laws ch. 104, § 9 (2026)

Liability for failure to pay commissions; jurisdiction; waiver of statutory provisions

✓ current as of July 2026
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Section 9. A principal who wilfully or knowingly fails to comply with provisions relating to the prompt payment of commissions set forth in section eight shall be liable to the sales representative in a civil action for the principal amount of the commissions owed and for an additional sum up to three times the amount of commissions and for reasonable attorney's fees and court costs. A principal who is not a resident of the commonwealth and who enters into a contract subject to the provisions of sections seven to nine shall be deemed to be doing business in the commonwealth for purposes of the exercise of personal jurisdiction over such principal. No provision of sections seven to nine may be waived, whether by express waiver or by an attempt to make a contract or agreement subject to the laws of another jurisdiction. A waiver of any provision of sections seven to nine shall be void.

Notes of Decisions
Cited in 3 cases, 2003–2020 · leading case: Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019).
Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019). “, G. L. c. 104, § 9 (personal jurisdiction over nonresident wholesalers); G.”
In Re Certified Question From US Ct. of App., 659 N.W.2d 597 (Mich. 2003). “Code 24-4-7-5(b) ("in bad faith fails to comply"); Mass. Gen. Laws Ann. ch. 104, § 9 ("wilfully or knowingly fails to comply"); Pa Consol.”
DeLisle Sales Grp. LLC v. House of Wu, LLC (D. Conn. 2020). “§ 42-482 ; (2) Mass. Gen. Laws ch. 104, § 9 ; (3) N.H. Rev.”
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