If you signed a contract that says you will not back solicit then you can be sued by the broker for breaking the contract and also be required to pay them whatever the contract states.
First thing........READ ALL the contract carefully before you sign it. I hate setting up with a new broker because it usually takes 2-3 hours or more to carefully read the contract and do the paperwork. I wonder how many truckers sign a contract without reading it.
Then.........HONOR your word.
If you think you may be getting loads out of an area regularly then don't do the load with a broker but take the time to find out where the load is coming from and set up direct with the shipper if they will deal direct with you.
Carrier ,broker gag law
Discussion in 'Ask An Owner Operator' started by Jerzy, Sep 24, 2015.
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I read about the first 25-30 and all about the same . I skim over them now.
Now in a perfect world your statements may have some meaning .
But since shippers no longer have exclusive arrangements with one broker anymore the back solicit clause is pretty much meaningless. Most loads are sent out in either "blast emails" or to a particular carrier.
I've loaded at the same shippers before getting the loads form 5 or 6 different brokers so exclusive is out the window. The only real instance of back soliciting I could see would be if you were picking up and soliciting at same time. Then if load is double brokered it wouldn't apply anyway.
The market now is just everyone trying to pinch off some money from a rate.
If you think there is honor in any of this you got lots lessons to learn.
Shippers and forwarders will try and get carriers to direct haul also to get lower rates.
Some carriers think they'll get more money but that isn't always the case shippers will want to pay less.
You just have to get a feel for the market your in. I have some direct and some brokered loads I take just depending. When first starting out you're better off with companies that willl pay quicker to keep your cash flowing or a good factoring company. So read them word per word and you'll only be tired they all have unfair terms that can be undone in court if it was to ever go that far.
Just a tip here the longest and most term ridden ones are from brokers who are the worst to deal with.
More terms and BS means lower rates and slower paying.Jerzy Thanks this. -
If you think the contracts you sign are meaningless then it's you who have lessons to learn. For your sake I hope you don't have to learn them the hard way.
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They're meaningless. Fact is a broker can't prove when a customer became known to you.
Then the cost involved in filing suit.
Plus the contracts usually state either 15 or 20% of the revenue you get from the shipper for damages
20% of 1000 is 200 dollars so you figure it for yourself are they going to bother you for 200 dollars ??
And then the Honor thing you mention ? Please ?
Do you think that even enters their small thought process while they have you broke over raping the money you should be getting??
You need to wake up to the real world and leave fantasy land .
Back when I first started I thought the same way you do till I got a dose of how they really are.
Worst thing they can do is just never use you again and that could be a blessing in the end for you anyway. -
I'll stick with my previous post which is accurate.
I've been signing contracts in trucking and other businesses for over 40 years. You assume to much. -
Other business and trucking are two different things. How many times have you filed or answered suits?
I've done it somewhere at least a dozen times and you really don't have a clue.
I want waste much bandwidth you done drank a big dose of kool aid.
Think of a load like this ?The load is a bone and there's twelve dogs gnawing on it, Who's bone is it ?
They don't know so how is anyone else going to know ? But I'm sure you're they type that's happy when they chisel 50% of the rate by double and triple brokering ?
Most broker agreements have indemnifying clauses which most states have struck down as unfair and unenforceable
You can write what ever you want in a contract but enforcing it is a totally different matter. -
Wow!!! You don't know me from Adam. As I said you ASSUME way to much.
The first signs of a persons lack of knowledge is when they resort to bad mouthing those that don't agree with them. -
Yeah right.
I'm the one who lives in fantasy land thinking some broker is going to file suit against some small carrier cause they lost a load ? Worse thing they can do is not load you anymore just ask one or better do a search and find how many brokers have sued some carrier for back soliciting.
I Just get tired of hearing all this delusional crap from people.
I have filed suit enough times that unless you stole a million dollar account there isn't no broker going to fool with it. They know as soon as the shipper screws you enough they'll be back to them.
This trucking thing is just a big circle and the ones always coming up short are the small carriers and owner operators. So you waste your hours reading the same old thing and honor your word and everything that makes you feel like your better than the rest, those contracts are worthless as used tissue. -
Gag law sounds like it deserves to be in the adult industry
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