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Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Nothing is "implied" in Real Estate. It's either in writing and signed or it doesn't exist. That's why I also do not offer advice to people I do not have agency with...because a lawyer may say that "implies" agency.


Tony based on your photo, you look a little young to be selling real estate 

Nov 21, 2015 09:51 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tony Trotter I would say ostensible agency is when an agent for example does not formally represent a buyer and by their actions provides a service that can be interpreted as representation. This could be implied as buyer representation without an agreement in writing.

Nov 22, 2015 01:16 AM
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Ah!  Sounds like one of those things they cover in licinsing class that you never need to know on the streets!

Nov 23, 2015 12:07 AM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ


Good question...

but giving professional responses to minors could get me in trouble.

Nov 21, 2015 11:04 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Google. It.

Nov 21, 2015 10:53 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

The only place I think this may be in effect is in buyer representation where you can get into a procuring cause dispute.

Nov 21, 2015 10:04 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Happens often with buyers agents who dont bother to get a buyers agency signed.

Feb 13, 2019 09:48 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

That is a school term, does not exist in the real world.

Nov 22, 2015 09:36 PM
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Agency is the "implied" part in real estate. If a buyer tells you what he can afford, and you send them some listings, the implication to him could be that you are his agent, representing him. Be cautious.

Nov 22, 2015 06:41 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I'm not sure what you mean. In my state the contract is in writing. If an agreement isn't in writing it's not enforceable. 

Nov 22, 2015 08:36 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Nothing should, nor is, implied in real estate. It must be in writing. 

Nov 22, 2015 07:34 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

My motto is to always put in it in writing to avoid any pitfalls or confusion with anything that is implied. 

Nov 22, 2015 02:10 AM