An agency agreement must be "express" (i.e., it must be in writing) in order to the agent to be protected from liability.

Question

True
False

Answer 1

False. An agency agreement does not necessarily have to be in writing to establish an agency relationship or to protect the agent from liability. Agency can be established through express (written or verbal) or implied agreements. However, certain types of agreements may require written documentation to enforce specific rights or to comply with statutory requirements (such as real estate or certain transactions).