Washington, DC asked in Business Law for Maryland

Q: Clarifcation requested -Rhode Island Law of Agency. A Dual/Joint Agency relationship Contract IS a Power of Attorney?!

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: First, you are asking about Rhode Island law, and this is a Maryland legal forum you have selected. You need to repost your question and select Rhode Island as the geographic legal area in order to obtain legal advice from lawyers licensed and knowledgeable about Rhode Island law specifically. Generally, however, a POA is a type of legal instrument that appoints an agent to act for a principal on matters specified in the POA, which can be general or specific, both as to the subjects on which the agent may act and the duration of time the appointment remains in effect. A joint agency agreement is more likely to arise in a business context, or joint venture, where two or more principals make an agreement to engage in some activity for profit, and grant to each other independent authority to act for and bind their joint business venture and themselves personally on matters relating to that venture or business activity. It is impossible to be any more specific without reading the exact terms of the instrument or agreement creating the agency relationship, and you should be very careful to draft such a document and have it reviewed by counsel before you sign it so as to fully understand what authority you are granting to the other agent and the limits of their authority to enter into binding contracts and incur liabilities and commitments that you become personally liable to honor and complete, as well as their authority and purposes for which they may withdraw and expend funds of the joint venture or business.

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