AgencyIntermediateCalifornia Exam

What is 'ostensible agency' (also called apparent agency)?

AAgency created by written contract, under standard California agency practice
BAgency created when a principal allows a third party to reasonably believe someone is their agentCorrect
CAgency that arises by court order, as commonly applied in brokerage relationships
DAgency between two licensed brokers, consistent with typical listing agreement terms

Why Agency created when a principal allows a third party to reasonably believe someone is their agent Is Correct

Answer B: Agency created when a principal allows a third party to reasonably believe someone is their agent

Ostensible agency (apparent agency) occurs when a principal's conduct leads a third party to reasonably believe that a person is the principal's agent, even if no formal agency agreement exists. The principal can be bound by the agent's acts.

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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