Agency

What is 'express agency' versus 'implied agency' in Nevada real estate?

AExpress agency is always preferred; implied agency is illegal in Nevada
BExpress agency is created by explicit oral or written agreement; implied agency arises from the conduct and actions of the parties even without a formal agreement✓ Correct
CExpress agency lasts longer than implied agency in Nevada
DImplied agency only exists in commercial real estate transactions

Explanation

Express agency is formally established through a written listing agreement or buyer representation agreement — the preferred method in Nevada. Implied agency arises from actions without a formal agreement — for example, when a licensee begins advising a buyer on negotiation strategy without signing a representation agreement. Implied agency can create unintended obligations. Nevada licensees should always formalize agency relationships in writing to avoid disputes.

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