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Agency relationships in the real estate world are essential to understanding the relationship between a seller and an agent or broker. A common question is, what type of agency relationship is created when a California seller signs a listing agreement with a California licensee?
Agency Relationship Options
The following agency relationship options are presented:
- Single Agency: In this type of relationship, the agent exclusively represents one of the parties in a transaction.
- General Agency: Here, the agent has general and broad authority to act on behalf of the client in a series of transactions or in a specific type of transaction.
- Unlimited Agency: A form of agency in which the agent has complete and unrestricted authority to act on behalf of the client.
- Subagency: It is created when an agent delegates some powers to another licensee.
The present case and Analysis
In this case we are faced with a Single Agency. A listing contract signed only by a seller and a licensee creates a single agency, since the agent represents only one party. Most listing contracts give the agent limited authority and are therefore a special type of agency, not general or unlimited. A subagency is created when an agent delegates some powers to another licensee, which is not the case in a seller-agent listing (CC 2079.13).
Conclusion
When deciding to sell property in California, it is crucial to understand the implications and responsibilities related to the type of agency relationship that is established. A single agency ensures that the agent or broker exclusively represents the interests of the seller, providing clarity and confidence in the sales process.
