Just curious Mike, but when you do pay the actual transporting carrier, do you pay them the amount you agreed with the "double broker", or the amount the "double broker" offered to the actual carrier? I guess I have my lawyer hat on this morning and a few things popped into it. If you have a load confirmation or broker/carrier agreement in place with the "double broker" (obviously we are assuming you had no idea about their nefarious activities) that explicitly stated that there was to be no double brokering, things seem to be pretty cut and dry. Where the potential problem might arise is if you do not have anything in writing that prohibits the "double broker" from re-brokering the load. If the shipment went off without a hitch and it was only by checking paperwork that the double brokering became apparent, would the double broker have a case against you for non-payment, if you decide to pay the actual carrier instead of him? In effect, you enter into an agreement with an entity to provide transportation service for an agreed amount. Unless you stipulate otherwise, there would be nothing to prevent this entity from re-brokering the load and demanding payment for the agreed amount. I guess where I am going with this is the need to have outlined, highlighted and in BOLD letters somewhere on you load confirmation and/or broker/carrier agreement, that there will be no re-brokering of any tendered freight without your agreement. Although I have not experienced it, I am sure there are others out there that have refused to pay the "double broker", opting to reimburse the actual carrier instead, only to find themselves on the receiving end of a law suit for non-payment of a legitimate invoice.
