Patricia is a West Virginia licensee who has been showing properties to a buyer named Robert for three weeks. Robert has not signed a buyer representation agreement. During this time, Patricia has been providing Robert with comparable market analyses, advising him on offer strategy, and negotiating on his behalf. Under West Virginia agency law, what type of agency relationship has most likely been created?
Correct Answer
B) Implied buyer agency, because Patricia's conduct indicates she is acting as Robert's agent
West Virginia law recognizes that agency relationships can be created by implication through conduct, even without a written agreement. When a licensee consistently acts in ways that indicate representation — such as providing market analyses, advising on strategy, and negotiating on a buyer's behalf — an implied agency relationship is created. Patricia's ongoing conduct strongly implies she is acting as Robert's agent, creating an implied buyer agency relationship that carries fiduciary obligations.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
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