Selecting the right freight broker is more than negotiating rates. One critical risk many shippers overlook is back solicitation. When a carrier bypasses the broker and engages directly with the shipper, you may lose control of the relationship, rate stability and service quality.
Understanding back solicitation in freight brokerage – definition and shipper risks
Back solicitation occurs when a carrier, after handling loads tendered by a broker, then solicits direct freight from the broker’s shipper or consignee. For example, a dry-van carrier secured by a broker on a steady lane begins offering the shipper direct service to cut out the broker. The shipper suddenly loses the broker’s oversight (carrier vetting, accessorial transparency, rate stability). On the carrier side the broker loses business, and service may degrade.
From the shipper’s vantage the risks include: losing a transparent freight rate breakdown, weakened contractual protections, possible service disruption and less bargaining leverage.
Contract-language and clause mechanics shippers and carriers should understand
Typical clause duration, scope and liquidated damages examples
Most broker-carrier agreements include a “no back solicitation” clause limiting the carrier from soliciting the broker’s customer for a fixed period (e.g., 12-24 months) after termination or last load moved. Sample language: “Carrier shall not solicit freight shipments for a period of 15 months following termination of this agreement … from any shipper, consignor or customer of Broker when such shipments were first tendered by Broker to Carrier.” Some contracts attach liquidated damages (for example 15-25 % of gross revenue) or injection rights.
Enforceability and real-world case law
Courts treat back-solicitation clauses as restrictive covenants and assess their reasonableness in scope and duration. A key factor is whether the carrier had an existing relationship with the shipper prior to the broker’s involvement. Therefore, shippers must assess whether their broker’s contracts afford them meaningful protection and whether the clause is enforceable in their jurisdiction.
How to vet a freight broker for transparency, fixed margin and carrier disclosure
Ask for transparent freight brokerage model
When reviewing brokers, ask: Can you disclose the actual carrier name and the rate you pay, not just the broker’s margin? If not, you may be exposed to back solicitation risk. At 1fr8.broker we disclose carrier names and rates so shippers see the full picture.
Review carrier sourcing, asset-based carriers, route guide stability
Select a broker with a rigorous carrier sourcing and vetting program (COI, safety rating, asset-based carriers, dedicated lanes). A stable route guide reduces the incentive for carriers to cut out the broker.
Verify contract wording around non-solicitation/back solicitation
Review the broker’s carrier agreements. Confirm that the no-back-solicitation clause covers the shipper’s freight that originated via the broker, has defined duration and consequences. If the broker cannot see or enforce this, you may be at risk.
How a transparent freight brokerage like 1fr8.broker prevents back solicitation risk
Our carrier vetting and full disclosure model
We vet every carrier on FMCSA authority, safety ratings and asset ownership. We only work with carriers willing to commit to no-back-solicitation language and full disclosure of their identity and rate.
Stable pricing, fixed margin and direct shipper-carrier relationship
Our model uses a low fixed margin instead of a variable spread. That removes the broker’s incentive to hide costs or allow carriers to go direct. When you know the carrier, the rate and the margin, the likelihood of a carrier cutting you out drops significantly.
In one example a national FMCG shipper operating 500 FTL lanes avoided any back solicitation event after moving to our model. We achieved a 98 % on-time performance and <0.2 % claims ratio in one year (internal data).
Checklist: What to look for in your next broker contract
Key terms to confirm, warning signs to avoid
- Does the carrier agreement include a no-back-solicitation clause with defined time frame (12-24 months) and defined scope?
- Does the broker disclose carrier name and actual rate?
- Is the broker working with asset-based carriers (not re-brokers) and stable lane commitments (dedicated, drop trailer, live load)?
- Are accessorials transparent (detention, layover, etc) so carriers are less tempted to pursue direct business?
- Warning signs: broker refuses to disclose carrier identity or rate; carrier agreement lacks non-solicitation clause or allows shipper to solicit direct business immediately.
Shipper questions you should ask
- “Who will haul my freight (carrier name and MC #)?”
- “What is the actual rate you pay the carrier and what is your margin?”
- “How long have you worked with this carrier? What is their on-time performance?”
- “What happens if the carrier approaches me directly? Is there a clause preventing that?”
Partner with One Freight Broker
Selecting a freight broker is about more than rate and equipment. It is about managing risk — including the risk of back solicitation. By choosing a transparent freight broker who uses full disclosure, asset-based carriers, fixed margin pricing and enforceable non-solicitation clauses, you protect your lanes, pricing and service stability.
Our extensive service range, competitive pricing, and advanced technological solutions make One Freight Broker the go-to choice for shippers seeking reliable freight transportation services.
When you partner with One Freight Broker, you gain access to a vast network of carriers, competitive rates, and a team of experts dedicated to optimizing your shipping process. Whether you’re shipping domestically or require assistance with more complex logistics, we’re here to ensure your freight reaches its destination efficiently and cost-effectively.
Contact Us Today
Ready to simplify your shipping experience? Contact One Freight Broker to discover how our expertise can benefit your business, ensuring your cargo is in safe hands every step of the way.
To request a transparent quote or learn more, visit [Request a Quote] and start building a direct, sustainable relationship with a vetted asset fleet.
