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February 12, 2012
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INTERACTIVE
Response To: Debs v. Coldwell Banker Plaintiff's Attorney Goes On the Record (Blanche Evans - 03/06/2000)

Maybe California's Different, But...
Posted By: jreifert - 03/06/2000 10:56 AM

I think Attorney McCown may be underestimating her client's position, regarding when an agency relationship begins. It is my understanding that an agency relationship can be created by the actions of the agent, without regard for the existence of ANY written documentation. I believe it is called implied agency.

As soon as Mr. Debs came to believe that he had the ability to rely on the advice of his agent--that his agent was indeed watching out for his best interests, which is the very basis for buyer agency--the agency relationship was created, even absent a contract. (The contract primarily makes it easier for the agent to prove the existence of a relationship for payment purposes.)

Keep up the good work, Attorney McCown. You have several hundred true agents supporting your client's cause.

Jay Reifert, Broker/Owner
Excel-Exclusive Buyer Agency


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