Short answer. As a del credere agent you must pay your principal the proceeds on the same terms agreed upon with the buyer. You bear the risk that the buyer does not pay — if the buyer's payment is due in 60 days, you owe your principal on those same terms, whether or not the buyer actually pays you.
What the law says
he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser.
Civil Code, Article 1907 — Guarantee Commission (Del Credere). Read the full provision →
What makes a del credere commission different
An ordinary commission agent earns a fee for completing a sale and passes the collection risk back to the principal — if the buyer does not pay, that is the principal's problem. A del credere commission agent takes on an additional role: by accepting a separate guarantee commission, the agent personally vouches for the buyer. Article 1907 reflects this bargain. The agent "shall bear the risk of collection" — meaning the agent is on the hook if the buyer defaults — and in exchange the agent gets the extra commission.
The rule on timing and terms
The payment obligation to the principal mirrors the buyer's terms exactly. If you gave the buyer 30-day credit, you owe the principal within 30 days. If the buyer was allowed three installments, the principal receives three corresponding payments from you. The statute says you must pay "on the same terms agreed upon with the purchaser" — so the agreement you made with the buyer sets both the deadline and the structure of your obligation to your principal. You cannot give a buyer longer credit than you are prepared to cover yourself.
What happens if the buyer does not pay
The entire point of the del credere structure is that the buyer's non-payment is your risk, not your principal's. If the buyer defaults, you must still pay your principal on the agreed terms. You then have whatever rights you hold against the buyer directly — but your principal walks away without loss. This is why the guarantee commission is higher than an ordinary commission: you are being paid to absorb default risk that would otherwise sit with the principal.
Practical implications before you accept a del credere arrangement
Before accepting a del credere commission, assess the buyer's creditworthiness carefully — you are effectively lending your principal the credit risk on a sale you make on their behalf. The ordinary commission alone does not compensate for defaults; only the separate guarantee commission does. If you negotiate a credit sale with a buyer who later cannot pay, you are personally liable for the full proceeds. Document the terms of sale clearly so that the payment timeline to your principal is unambiguous from the moment the transaction is agreed.