Agency
In Hawaii, what is the key difference between an 'express' and 'implied' buyer representation agreement?
AA. An express agreement is oral; an implied agreement is written
BB. An express agreement is explicitly stated (usually written); an implied agreement arises from conduct without formal agreement✓ Correct
CC. An express agreement is required by law; an implied agreement is optional
DD. Only express agreements create fiduciary duties
Explanation
An express agency agreement is explicitly established through words (written or oral). An implied agency arises from the conduct of the parties even without a formal agreement.
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