Laws of Agency Study Guide

Agency Relationship

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

Fiduciary Duty

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

Dual Agency

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

Designated Agency

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.

Transaction Brokerage

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

Agency by Estoppel

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

Agency by Ratification

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

Express Agency

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

Implied Agency

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

Subagency

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

Agency Disclosure

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

Agency Termination

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

Vicarious Liability

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

Customer vs Client

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.

Material Fact Disclosure

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

Seller Agent Duties

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

Scope of Authority

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

Confidentiality Duty

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

Gratuitous Agency

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

Single Agency

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.