Google Scholar. Janvrin v. Federal National Mortgage Association & a., Case No. 2017-0721.““An agency relationship, or lack thereof, does not turn solely upon the parties' belief that they have or have not created one.” “Rather, the necessary factual elements to establish agency involve: (1) authorization from the principal that the agent shall act for him or her; (2) the agent's consent to so act; and (3) the understanding that the principal is to exert some control over the agent's actions.” “An agency relationship exists only if there has been a manifestation by the principal to the agent that the agent may act on his account, and consent by the agent so to act.” “The principal's manifestation need not be express to be valid; it may be oral or implied from the parties' conduct.” Similarly, “[t]he granting of actual authority and consent to act with such authority may be either express or implied from the parties' conduct or other evidence of intent.” “Express authority arises when the principal explicitly manifests its authorization of the actions of its agent.” “Implied authority, on the other hand, follows as a reasonable incident or construction of the terms of express authority, or results from acquiescence by the principal in a course of dealing by the agent.” “Such authority can arise from words used, from customs, or from the relations of the parties.” “The doctrine of implied actual authority focuses upon the agent's understanding of his authority: whether the agent reasonably believed, because of conduct of the principal (including acquiescence) communicated directly or indirectly to him, that the principal desired him so to act.""