For a valid agency relationship, what must be included in the commission agreement?

A valid agency relationship requires that the commission agreement be in writing to ensure clarity, enforceability, and compliance with legal standards. Written agreements provide a clear record of the terms and conditions under which the agent operates, outlining the specifics of the commission arrangement. This reduces the risk of misunderstandings or disputes over compensation and the scope of the agent's authority.

In many jurisdictions, including North Carolina, having a written document is not only a best practice but often a legal requirement to establish the terms of the agency relationship formally. Verbal agreements, while they may sometimes indicate intent, lack the formalities that a written agreement provides, making them harder to enforce. The presence of a witness signature is typically not a requirement for establishing the validity of an agreement; it may offer additional verification but is not essential. While mutual understanding is important for any successful relationship, it alone does not suffice to create a legally binding agency relationship; it must be formally documented to protect the interests of all parties involved.