Unit 3: Agency Creation And Termination Flashcards
How to create agency?
With intention and disclosure
What are two ways to create an agency relationship?
Express and implied agreement
Express agency
When you and your client agree to and understand the relationship
How can express agency be done?
Written and unwritten
What is an agency agreement?
Listing contract or buyer representation agreement
Implied agency
You act on behalf of a consumer in a way where the consumer believes you are her agent
Ratification
Acceptance after the fact; sometimes in contrast to prior agreement; may occur through contractual paperwork or parties actions
Estroppel
Legal doctrine that says that the person is stopped from asserting rights or facts that aren’t consistent with a previous statement, position or behavior
Agency coupled with interest
You hold an estate or interest in a property that’s subject of an agency relationship in which you are an agent
Termination of agency (6 instances)
- Clients goals met
- Specified term expires
- Mutual agreement
- By force of law
- Client revokes prior to expiration
- Agent renounces agreement prior to expiration date