CAPACITY TO ACT AS AN AGENT

Capacity at Common Law

-Generally speaking, at common law, any person of sound mind can act as an agent.

-the agent does not need the capacity to contract

-For example, an infant (i.e., a person under the age of majority, which is 19 in British Columbia) may act as an agent.

-However, when an agent signs a contract on their own behalf, such as when entering into a contract to provide agency services to another (i.e., an agency contract), they need to possess the capacity to contract because they will be a party to the contract

-therefore, infant agents may use their own incapacity to terminate or cancel their own agency contract.

Capacity under the Real Estate Services Act

-the agent must be licensed under RESA (or exempt from the requirement to be licensed)

-the individual successfully complete the required educational requirements, be at least 19 years of age, and be of good reputation.

Agency by Express Contract

Agency by Implication

Agency by Estoppel