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Legal Definitions - primary agent
Definition of primary agent
A primary agent is an individual or entity directly appointed by a principal to act on their behalf and represent their interests in specific matters. This agent has a direct contractual or fiduciary relationship with the principal and is responsible for carrying out the principal's instructions and duties.
Example 1: Real Estate Transaction
Imagine a homeowner, Ms. Chen, wants to sell her house. She signs an agreement with a real estate broker, Mr. Davis, authorizing him to list the property, show it to potential buyers, negotiate offers, and handle the necessary paperwork for the sale. In this scenario, Mr. Davis is the primary agent because Ms. Chen directly appointed him to represent her interests in selling her home. He has a direct responsibility to Ms. Chen to act in her best interest throughout the sales process.
Example 2: Financial Management
Consider a retired couple, the Millers, who hire a financial advisor, Ms. Gupta, to manage their investment portfolio. They sign a contract giving Ms. Gupta the authority to make investment decisions, buy and sell stocks, and rebalance their assets according to their financial goals and risk tolerance. Ms. Gupta is the primary agent for the Millers because they directly entrusted her with the management of their finances, and she owes them a direct duty to act prudently and in their best financial interest.
Example 3: Corporate Legal Representation
A technology startup, InnovateTech Inc., is facing a lawsuit over patent infringement. The company's board of directors votes to retain a specific law firm, "Legal Solutions LLP," to represent them in court. The partners at Legal Solutions LLP, and the attorneys assigned to the case, act as the primary agents for InnovateTech Inc. They are directly appointed by the company to handle its legal defense, make strategic decisions in the litigation, and represent the company's interests in all court proceedings and negotiations.
Simple Definition
A primary agent is an individual or entity directly appointed by a principal to act on their behalf. This agent holds the initial and direct authority granted by the principal, distinguishing them from any sub-agents they might subsequently appoint.