What is the characteristic of express agency?

The characteristic of express agency is that it involves formal agreements between the parties. In an express agency, both the principal and the agent clearly articulate and consent to the agency relationship, typically through a written agreement, though it could also be verbal. This formal nature ensures that both parties understand the specific terms, responsibilities, and expectations that govern their relationship.

In express agency, the terms are explicitly defined, which helps mitigate misunderstandings and provides a clear framework for the agent's authority to act on behalf of the principal. The explicit agreement is crucial as it outlines the scope of the agent’s powers and the expectations of both parties, making it a definitive and legally binding relationship.

This contrasts with implied agency, where the agency relationship may be inferred from the actions or behavior of the parties involved rather than through an explicit agreement. Therefore, the uniqueness of express agency lies in its clear and agreed-upon terms, which is pivotal for establishing trust and accountability in real estate transactions.