Question

heather is an artist and has several watercolors she would like to sell. heather orally asks rylee to sell the paintings for her and directs rylee that each painting should be sold for at least $100. rylee schedules a showing in her art gallery to display heather’s paintings. on the day of the showing, a customer offers to buy one of the paintings for $100, and rylee accepts. when heather finds out the price the painting sold for, she tries to get the painting back from the customer. heather claims that she and rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. is heather correct?

Answer 1

Heather is not correct because an agency agreement does not require a written record.

An agency agreement occurs as one person accepts to represent another or act on behalf of this person. The agency agreement requires:

• Assent or agreement between the two people involved.

This means the only real requirement is that the parties involved have an agreement. This agreement is often registered in a written record but this is not an obligation, and therefore, oral agreements are equally valid.

This means a written agency agreement is not mandatory, and therefore, Heather is incorrect.

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