AgencyAdvancedCalifornia Exam

An agent who locates a ready, willing, and able buyer for a property, but who was never authorized by the seller, may still claim a commission under what legal theory?

AExpressed agency, consistent with typical listing agreement terms
BImplied agency, per standard fiduciary practice in the industry
COstensible agency (apparent authority), under standard California agency practice
DThe agent cannot claim a commission without written authorizationCorrect

Why The agent cannot claim a commission without written authorization Is Correct

Answer D: The agent cannot claim a commission without written authorization

In California, commissions for real estate services must be based on a written agreement to be enforceable under the Statute of Frauds. An agent without written authorization cannot legally enforce a commission claim.

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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