A licensee has written authorization to represent the principal in a specific transaction and is prohibited from binding the principal. Such an authorization creates
a special agency.
A special agency is created when a licensee has written authorization to represent the principal in a specific transaction while being prohibited from binding the principal. This type of agency is limited to particular tasks or transactions, distinguishing it from broader agency types.
Ostensible agency, also known as apparent agency, occurs when a principal's actions create the appearance that an agent has authority to act on their behalf, even if no actual authority exists. This type of agency relies on representations made to third parties, rather than a specific written authorization, and is not applicable in this scenario where the authority is explicitly limited.
A universal agency grants an agent the authority to act on behalf of the principal in all matters, not just specific transactions. This encompasses a broad range of activities and responsibilities, which is contrary to the situation described where the licensee has limited authority and cannot bind the principal.
General agency involves a broader scope of authority than special agency, allowing the agent to conduct multiple transactions on behalf of the principal. Unlike special agency, which is confined to a specific task, general agency encompasses various duties but still allows the agent to bind the principal, which is not the case here.
The situation described in the question clearly outlines a special agency, where the licensee's written authorization is limited to a specific transaction without the power to bind the principal. Other agency types—ostensible, universal, and general—do not accurately reflect these limitations. Understanding these distinctions is crucial in real estate and legal contexts to ensure proper representation and authority in transactions.
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