11.1 The Agency Relationship

11.1 The Agency Relationship

The agency relationship in real estate is the legal bond between a principal (client) and an agent (broker). The principal hires the agent as a fiduciary to act in their best interest, typically for selling, buying, or leasing property. The customer is a third party (not represented) in the transaction.

  • Basic roles: Principal/client, agent (broker), and customer/prospect.
  • Types of agency:
    • Universal: Agent can act for principal in all matters (rare; power of attorney).
    • General: Agent has broad authority for ongoing business (e.g., property manager).
    • Special (limited): Agent has authority for one specific transaction (most brokerage relationships).
  • Creating agency: By express agreement (oral/written) or by implication (actions).
  • Terminating agency: By fulfillment, expiration, mutual agreement, incapacity, abandonment, property destruction, renunciation, breach, bankruptcy, or license revocation.
Topic 11.1 Check-In

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