Agents in Florida Law
An agent is a person authorized to act on behalf of a principal in dealings with third parties. Florida agency law governs relationships across real estate, business, healthcare, and estate planning, establishing the rights, duties, and liabilities of agents and principals.
Types of Authority
Florida recognizes three types of agent authority. Express authority is specifically granted by the principal through a written or oral agreement. Implied authority covers acts reasonably necessary to carry out the agent's express duties. Apparent authority arises when the principal's conduct leads third parties to reasonably believe the agent is authorized. A principal is bound by all three types of authority in dealings with third parties who act in good faith.
Agent Liability
Florida agents can face personal liability in several situations: acting beyond the scope of their authority, failing to disclose the existence of a principal, committing torts while acting for the principal, and breaching fiduciary duties. An agent who acts within the scope of actual authority and properly discloses the principal's identity is generally not personally liable on contracts entered on the principal's behalf.
Related Terms
Barnes Walker Business Law
Barnes Walker advises on agency relationships, authority issues, and agent liability across multiple practice areas. Contact us for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC