Utah Code

Utah Code § 34-44-301 (2026)

Failure to pay commission

✓ current as of May 2026
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A sales representative may bring a civil action in a court of competent jurisdiction against a principal for failure by the principal to comply with:
any provision of an agreement relating to the payment of commission; or
Subsection 34-44-202(1) or (2).
If a principal is found liable under Subsection (1), the principal is liable to the sales representative for:
three times an amount calculated by:
determining the sum of unpaid commission owed to the sales representative; and
subtracting from the amount determined under Subsection (2)(a)(i) money the sales representative owes the principal;
reasonable attorney fees; and
court costs.
Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2024 · leading case: Williamson v. MGS By Design, 2022 UT 40 (Utah 2022).
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). · cites it 12× “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
Alarm Prot. v. Crandall, 2021 UT 26 (Utah 2021). “§ 34-44-301(1). In calculating damages under the Commission Act, the sum of unpaid commissions owed to the sales representative is offset by any money the sales representative owes the principal.”
Alarm Prot. v. Bradburn, 2021 UT 25 (Utah 2021). “§ 34-44-301(1). In calculating damages under the Commission Act, the sum of unpaid commissions owed to the sales representative is offset by any money the sales representative owes the principal.”
Integrated Bus. Plan. Assocs. v. Operational Results (D. Utah 2024). · cites it 2× “Because section 16 purports to voluntarily and intentionally waive the parties’ rights otherwise available under the Act, the court understands it to be void insofar as it conflicts with UTAH CODE ANN.”
— Utah Code § 34-44-301(1) — 3 cases
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
Alarm Prot. v. Crandall, 2021 UT 26 (Utah 2021). “§ 34-44-301(1). In calculating damages under the Commission Act, the sum of unpaid commissions owed to the sales representative is offset by any money the sales representative owes the principal.”
Alarm Prot. v. Bradburn, 2021 UT 25 (Utah 2021). “§ 34-44-301(1). In calculating damages under the Commission Act, the sum of unpaid commissions owed to the sales representative is offset by any money the sales representative owes the principal.”
— Utah Code § 34-44-301(1)(a) — 2 cases
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
Integrated Bus. Plan. Assocs. v. Operational Results (D. Utah 2024). “Because section 16 purports to voluntarily and intentionally waive the parties’ rights otherwise available under the Act, the court understands it to be void insofar as it conflicts with UTAH CODE ANN.”
— Utah Code § 34-44-301(1)(b) — 1 case
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
— Utah Code § 34-44-301(2) — 1 case
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
— Utah Code § 34-44-301(2)(a) — 1 case
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
— Utah Code § 34-44-301(2)(b) — 1 case
Williamson v. MGS By Design, 2022 UT 40 (Utah 2022). “§§ 34-44-301 to -302. 8 Id. § 34-44-201(1).”
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