Agency
In NH, a real estate agent who acts beyond their authority (e.g., accepting an offer on behalf of a seller without authorization) may be personally liable under the doctrine of:
ACaveat emptor
BLiability for breach of the warranty of authority✓ Correct
CVicarious liability
DImplied authority
Explanation
When an agent acts beyond their actual authority and binds a third party who reasonably relied on the agent's apparent authority, the agent may be liable to the third party for breach of the warranty of authority.
Related New Hampshire Agency Questions
- A NH buyer's agent who receives a bonus from the seller (in addition to the stated commission) for bringing a full-price offer must:
- A NH buyer's agent who fails to recommend a professional home inspection to a buyer purchasing a 60-year-old colonial has likely breached the duty of:
- If a New Hampshire agent learns that their buyer client intends to use the property for an illegal purpose, the agent should:
- A NH buyer's representative agreement creates which type of agency relationship?
- When a NH buyer's agent prepares a buyer's estimated closing costs worksheet, the agent is fulfilling which duty?
- NH law requires real estate licensees to disclose agency relationships to all parties in a transaction. When must this disclosure first occur?
- In New Hampshire, written buyer agency agreements are:
- A NH broker who is the designated agent for the seller in a transaction where their brokerage firm also represents the buyer has arranged:
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