I’m leading a discussion here on AMT and to be used in our CE course on Agency and the Use of Social Media at the Arizona School of Real Estate & Business.
Please leave your comment(s) below.
One of the questions asked is: What is the greatest agency-specific risk to a real estate professional using social media (i.e. blogs, Q&A forums, Twitter, etc.)?
We are discussing what actions or implications of a real estate professional using social media could lead to implied agency and the resulting consequences.
Food for Thought:
- An actual agency created by acts of a principal that reasonably imply an intention to create an agency relationship.
- It may be implied by the conduct of the parties and no formal agreement is necessary.
- Created by mutual assent.
- The existence of an agency relationship is the determination of a court makes after considering all of the circumstances.
Hayward v. Graham, 104 Ariz. 103, 449 p. 2d 31 (1968)
An implied agency must be based on facts such as to imply an intention to create the agency, and the implication must arise from a natural and reasonable, and not from a forced, strained, or distorted, construction of them. They must lead to the reasonable conclusion that mutual assent exists, and be such as naturally lead another to believe in and to rely on the agency.
Lastly, consider the following examples.
Thanks again for your comments.