AgencyIntermediateCalifornia Exam

Agency by 'estoppel' means the agency is created because:

AA court stopped an agent from acting, under standard California agency practice
BA principal's actions or silence prevented them from denying an agency existedCorrect
CThe agent was stopped from representing both parties, as commonly applied in brokerage relationships
DThe escrow company established the agency, consistent with typical listing agreement terms

Why A principal's actions or silence prevented them from denying an agency existed Is Correct

Answer B: A principal's actions or silence prevented them from denying an agency existed

Agency by estoppel arises when a principal's conduct or silence leads a third party to reasonably believe an agency relationship exists, and the principal is then 'estopped' (legally prevented) from denying the agency to avoid harming the third party who relied on the belief.

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.

Key Agency Terms in This Question

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