Ch.4 Authorized Relationships Flashcards
What are the 4 types of Agency:
- Universal Agent
- General Agent
- Sub-Agency
- Special Agent
the principal empowers the
agent to perform any and all actions that may be legally delegated to an agency
representative. The instrument of authorization is the power of attorney.
Universal agency.
the principal delegates to the agent
ongoing tasks and duties within a particular business or enterprise. Such
delegation may include the authority to enter into contracts.
General agency.
the principal
delegates authority to conduct a specific activity, after which the agency
relationship terminates. In most cases, the special agent may not bind the
principal to a contract.
Special, or limited, agency.
The agent represents one party in a transaction. The client may be either seller or
buyer.
Single Agency
a broker or licensed salesperson works as the agent of a broker
who is the agent of a client. Subagents might include a cooperating licensed
broker, that broker’s licensed salespeople, and the listing broker’s licensed
salespeople, all of whom agree to work for the listing broker on behalf of the
client.
Subagency
A recent solution
allows a broker to represent no one in a transaction. That is, the broker acts as a
transaction broker, or facilitator, and is not an agent of either the buyer or
seller. In this relationship, the facilitator does not advocate the interests of either
party.
No Agency
represent in business and personal matters; can contract for principal
universal
represent in business matters; agent can contract for principal
general
represent in single business transaction; normally agent cannot contract
for principal; the brokerage relationship is usually special agency
special
Agency Law Parties
listing broker and client; broker’s subagents; customers and prospects
Agency Law Fiduciary Duties
loyalty; obedience; disclosure; care; diligence; accounting
listings are special or limited agency, not general agency
agreements; broker may not contract for client unless specifically authorized;
clients liable only for broker’s acts within scope of authority
Agency Law Scope of Authority
listings are unilateral contracts; listing must be valid to be enforceable; legal
form: oral listings are valid and enforceable except, in many states, exclusive
right-to-sell listings which must be written to be enforceable
listings are not assignable since they are personal service contracts
Contract Law
Laws governing agency laws are called what?
Law of Agency