AgencyIntermediateCalifornia Exam

What is 'agency by estoppel'?

AAn agency created by written contract, as commonly applied in brokerage relationships
BAn agency created when a principal leads a third party to believe an agency existsCorrect
CAn agency terminated by court order, consistent with typical listing agreement terms
DAn agency that expires automatically after 90 days, per standard fiduciary practice in the industry

Why An agency created when a principal leads a third party to believe an agency exists Is Correct

Answer B: An agency created when a principal leads a third party to believe an agency exists

Agency by estoppel (ostensible agency) arises when a principal's conduct leads a third party to reasonably believe an agency relationship exists. The principal is then 'estopped' from denying it.

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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