How does Delaware's statutory agency differ from common law agency?

Delaware's statutory agency differs from common law agency primarily in that it does not require a written agreement between the parties to establish the agency relationship. This is significant because, under common law principles, a written agreement is typically necessary to formalize an agency relationship and clarify the rights and responsibilities of both parties involved. By contrast, Delaware's statutory agency allows for the establishment of this relationship based on oral agreements or other forms of communication, which can make it more flexible and accessible for individuals entering into real estate transactions.

This distinction is important because it emphasizes the ease of forming an agency relationship in Delaware real estate, while also reflecting the legislative intent to simplify processes within the real estate industry. This characteristic aligns with the modern practices aimed at facilitating transactions and accommodating the needs of clients who may prefer less formal arrangements.