agency
express agency
Express agency is an agency relationship created by an explicit oral or written agreement in which the principal and agent clearly state that the agent will represent the principal. Listing agreements and buyer agency agreements are the most common examples. Many states require real estate agency agreements to be in writing to be enforceable for compensation. Express agency contrasts with agency created by conduct, called implied agency.
- Exam tip
- Express means stated in words, oral or written; implied means created by actions. A signed listing agreement creates express agency.
- Example
- A seller signs a listing agreement with a broker, creating an express agency relationship.
Related terms & state variants
Sources
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Last verified: 2026-10-23