agency

Statutory Agent and Presumed Agency (Delaware)

Under 24 Del. C. §2933, every Delaware licensee is presumed to be a statutory agent, whose duties are defined by statute and displace common-law agency, unless a written brokerage agreement creates a common-law agency. For 1-4 family sales, a licensee working with the buyer is presumed to represent the buyer, one working with the seller represents the seller, the same licensee with both is a dual agent, and an on-site builder's sales licensee represents the builder. A signed Consumer Information Statement can rebut these presumptions.