Agency

What is an 'implied agency' in Delaware real estate?

AAn agency relationship created by a written agreement signed by both parties
BAn agency relationship created by the conduct and actions of the parties rather than a written agreement — the agent acts as if representing a party and that party relies on it✓ Correct
CA government-regulated agency agreement for first-time homebuyers
DAn agency relationship created by court order

Explanation

Implied agency arises from the conduct and actions of the parties — even without a written agreement — when an agent acts on behalf of a person and that person relies on the agent's representation. Delaware licensees should be careful that their conduct does not inadvertently create implied agency relationships.

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