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This relationship has two essential components: (1) the A has either express or implied authority to act for the P, & (2) the P controls the acts of the A. An agency relationship requires the consent of both parties, and their intention to create the relationship ?must find expression in either words or conduct.?
An agency is created by express appointment when the principal appoints the agent by express agreement with the agent. This express agreement may be an oral or written agreement between the principal and the agent. b. Contract law principles apply to an agency agreement.
An agency relationship can arise only at the will and by the act of the principal. Existence of agency is always a fact to be proved by tracing it to some act or agreement of the alleged principal. Note that there are two types of agency: (1) actual, either express or implied, and (2) apparent.
There are times you may help a buyer or seller without being their authorized representative. In this case you have a non-agency relationship, a situation where you have no binding or legal responsibility to the other party.
Although Iowa does not require a specific form be used, a written agency disclosure and acknowledgement form must be explained and signed by potential customers and clients. Agents owe customers reasonable skill and care in performance of their duties, honesty and good faith, and a duty to disclose all material facts.