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If no fixed term or mechanism for termination was agreed, then the agreement can usually be terminated by giving reasonable notice. Ideally a reasonable notice period should be agreed before notice is given. If this is not possible, legal advice should be sought as to a reasonable notice period.
Below are common rules for terminating the agency relationship: Withdrawal by a Party, Termination by the Principal, Renunciation by Agent, Death or Incapacity of Agent, Death or Incapacity or Bankruptcy of the Principal.
1 Termination of an agency caused by the acts of the party:Performance. The most common termination of agency in this category is by performance.Mutual Agreement.Discharged by Principal.Resignation.Abandonment.Expiration of Term.Death or Incapacity of the Parties.Change in the Law.More items...
Modes of termination of agencyBy revocation of authority by the principal.By renunciation of his authority by the agent.On the performance of the contract of the agency.On the death of either principal or agent.By insanity of either principal or agent.More items...?
You also need to remember that the fiduciary duty of confidentiality survives the ending of an agency relationship. A broker may not reveal information received from a client even after that client stops being the broker's client.
Once termination of the agency relationship occurs, the agent can no longer act on behalf of the principal. This means that any actions made by the agent holding themselves out as acting on behalf of the principal after termination has occurred will be considered unlawful on the part of the agent.
A party can terminate the agency relationship by any oral or written communication that conveys withdrawal of consent. Of course, the parties can also mutually agree to terminate the agency at any time. If there's a contract governing the agency relationship, then agency terminates according to the contract.
DUTIES OF AGENTDuties to follow Instructions or Customs:Duty of reasonable care and skill.DUTY TO AVOID CONFLICT OF INTEREST.Duty not to make secret profit:Duty to remit sums.Duty to maintain Accounts:Duty not to delegate.
An agency terminates expressly by the terms of the agreement or mutual consent, or by the principal's revocation or the agent's renunciation. An agency terminates impliedly by any number of circumstances in which it is reasonable to assume one or both of the parties would not want the relationship to continue.
When an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take on behalf of the representative, of his late principal, all reasonable steps for the protection and reservation of the interests entrusted to him.