Agency
A Mississippi listing agent has the seller's authority to accept deposits. The seller later claims they never authorized deposit acceptance. The listing agent's authority to accept deposits is most likely:
AExpress authority only if specifically stated in the listing agreement
BImplied authority — accepting deposits is customary and necessary to the performance of the listing agreement✓ Correct
CApparent authority based on industry custom
DNo authority unless the seller signed a separate deposit authorization
Explanation
Implied authority includes authority that is reasonably necessary to carry out the agent's express authority. Since accepting deposits is a customary and necessary part of listing and selling property, most courts would find implied authority to receive earnest money deposits even without express authorization in the listing agreement.
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