FACTS: Agent A has a property listed for sale.  Agent A wishes to go on vacation.  She will have Agent B from her brokerage attend to the listing while she is out of town.

ISSUE: Does the Arizona Department of Real Estate require an assignment of agency from Agent A to Agent B?

ANSWER: No.

DISCUSSION:

Arizona courts recognize the agency relationship between the broker and client in a real estate transaction. See Jenkins v. Irvin, 20 Ariz. 164, 178 P. 33 (1919). Therefore, no assignment of agency is required as both agents, through the broker, have agency with the seller.

As a best business practice tip, the broker should have a Policy and Procedures Manual detailing what is required of an agent when they go on vacation.