Agency
What is 'implied agency' in Idaho real estate and how can an agent inadvertently create it?
AAgency that requires a court order to establish
BAn agency relationship created by the conduct and actions of the parties rather than by written agreement, which can arise when an agent provides services suggesting representation without a formal agreement✓ Correct
CA restricted form of agency approved only by IREC
DAgency created only in commercial transactions
Explanation
Implied agency arises from conduct rather than express agreement. In Idaho, if an agent provides advice, shows properties, and advocates for a buyer without ever documenting the agency relationship, a court might find implied agency was created. This can expose agents to fiduciary liability without the protections of a formal written agreement. Idaho strongly encourages written agency agreements.
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