Agency and Fiduciary Duties, 17% of the examination
Express agency
Agency created by the spoken or written agreement of the principal and agent.
The agreement directly states the authority being granted. A listing is a common written example. The statute of frauds may make a writing necessary to enforce a broker's claim for compensation even though conduct can still create agency duties.
What this is confused with
The exam rarely asks for a definition. It describes a situation and offers two terms that both sound plausible.
Implied agency
Express agency comes from stated agreement. Implied agency is inferred from conduct.
See also
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.
Where this is tested
Laws of Agency and Fiduciary DutiesWho you represent, when that duty begins, and what you owe someone you do not represent. California runs its own disclosure regime and permits dual agency with consent, which is where borrowed national study material fails.17%Practice Agency and Fiduciary Duties34 questions on this area, every option explained.Practice