Agency may be created expressly (by written or oral agreement) or by implication through the conduct of the parties. When a licensee and consumer act as though an agency relationship exists—advice, advocacy, and services consistent with representation—without a signed agreement, this is implied agency. Maryland emphasizes avoiding unintended implied agency by using timely written agreements and required disclosures.
[References: Maryland 60-Hour Principles and Practices of Real Estate — Maryland Agency Law: creation of agency (express vs. implied), duties arising from implied agency, risk management through written agreements and disclosures., , ]
Submit