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An example of an agency agreement is in an employment setting, where a supervisor authorizes a worker to perform a certain project. Here, an agreement may be drafted that details the different duties of the agent.
The relationship between an agent and a principal is a contractual one. Therefore, rights and duties of the agent and principal are in accordance with the agency contract. To establish an agency, there must be consent of both the principal and the agent, although such consent may be implied rather than expressed.
An agency agreement details the terms of the agency, such as what the agent can do and the amount of money paid for the agent's work. The contract also gives the agent the authority the principal determines, such as the exclusive right to act on her behalf.
Types of agency agreementsExclusive agency agreements. Exclusive agency agreements are commonly used for the sale of residential property.Sole agency agreements. A sole agency agreement is similar to an exclusive agency agreement.General listing / open agency agreement.Multiple listing.Auction agency agreement.
As you may know, a legally binding contract requires several necessary elements: offer, acceptance, parties who have the legal capacity to contract (minors under 18 years old and people who are mentally incompetent do not have the legal capacity to enter into contracts), lawful subject matter, mutuality of agreement,
Creating an Agency AgreementExpectations of the agency agreement.Specific services of the agent.Geographical location of the agreement.Payment amount and terms.The process of dispute resolution.An agreement on governing law.Duration of the partnership agreement.
Some of the information the agency agreement should contain are:The names of the principal and agent.A description of the purpose of the agency.Whether it is an exclusive or nonexclusive agency.How long the agency lasts.What the agent can and cannot do for the principal.The geographic area where the agent can act.More items...
A general agency contract outlines an important, but often complex relationship. This document references two main parties: the principal who does the hiring and pays for services and the agent who is responsible for completing the job. Agency agreements provide much-needed protection in a variety of situations.