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Laws of Agency

Agency relationships, fiduciary duties, and disclosure requirements

200 questions10 concepts
Laws of Agency — Study Card
Laws of Agency study card infographic showing key concepts, exam weight (12%), and memory aids
AI-generated study card for Laws of Agency. Covers 12% of the real estate exam.
Difficulty Breakdown
Easy75 (38%)
Medium111 (56%)
Hard14 (7%)
Study Tips for Agency
  • Memorize OLD CAR: Obedience, Loyalty, Disclosure, Confidentiality, Accountability, Reasonable Care
  • Know the difference between client (fiduciary duties) and customer (honesty and fairness)
  • Dual agency requires informed written consent from BOTH parties
  • Agency can be created unintentionally through implied or apparent agency

Key Concepts

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.

Practice Questions

Laws of Agency: What You Need to Know

Laws of Agency is one of the most important and heavily tested exam topics, covering the fiduciary relationship between agents and their clients. The concept of agency is fundamental to understanding an agent's legal obligations and forms the basis for professional conduct in real estate.

The cornerstone of agency law is the six fiduciary duties, easily remembered by the acronym OLD CAR: Obedience (following lawful instructions), Loyalty (putting the client's interests first), Disclosure (revealing all material facts), Confidentiality (protecting private information), Accountability (accounting for all funds), and Reasonable Care (exercising competence and diligence). These duties apply to every client relationship.

Know how agency relationships are created: express agency (written or oral agreement), implied agency (through actions or conduct), and apparent agency (through third-party perception). Also understand how they terminate: completion, expiration, mutual agreement, death or incapacity, destruction of property, or breach. Dual agency — representing both buyer and seller — requires informed written consent from both parties and is prohibited in some states.

Frequently Asked Questions

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