Agency Law Flashcards
Who are the 3 parties in an agency relationship?
Principal
Agent
Customer (3rd Party)
Definition of Agency
Legal relationship between client and designated broker to act on behalf and represent client
3 types of employment contracts
Listing contracts
Buyer broker agreement
Property management agreement
7 duties that an agent has to their principal
1: Confidentiality
2: Loyalty
3: Reasonable skill and care
4: Obedience
5: Accountability
6: Full disclosure
7: Present all offers
Definition of client
Person who hires broker to protect and promote their best interest, entitled to fiduciary relationship
Definition of fiduciary
A position of trust (only for clients)
Definition of accidental agency
Agency created by mistake
Name two ways agency can be created
1: Express authority
2: Implied authority
Expressed authority?
Written or verbal hire
Implied authority?
Created bcus of what a licensee says or does through his words and deeds
4 duties we owe to 3rd parties
1: Truthful info
2: No false promises
3: Full disclosure
4: material representation
What are the principals 2 duties to 3rd parties?
1: Fair, honest and truthful
2: Sellers property disclosure form