AgencyIntermediateArizona Exam

In Arizona, 'ostensible agency' (apparent authority) is created when:

ABoth parties execute a written agency agreement that expressly defines the scope and duration of the agent's authority
BThe principal's words or conduct lead a third party to reasonably believe that someone has authority to act as agent, even if no agency agreement existsCorrect
CA probate court appoints an administrator or personal representative to act as agent for an estate in a real property transaction
DAn agent acts beyond the express terms of their written authority in order to prevent imminent harm to the principal's property

Why The principal's words or conduct lead a third party to reasonably believe that someone has authority to act as agent, even if no agency agreement exists Is Correct

Answer B: The principal's words or conduct lead a third party to reasonably believe that someone has authority to act as agent, even if no agency agreement exists

Apparent or ostensible authority arises from the principal's conduct that creates a reasonable belief in a third party that the agent has authority. The principal may be bound by the agent's actions even if the agent exceeded their actual authority.

Exam Tip: Agency

Agency questions are among the most tested on the exam. Focus on the difference between client and customer, and memorize the fiduciary duties (OLD CAR). Watch for questions that try to blur the line between a general agent and a special agent.

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