Laws, Regulations & Annotations

B

200.0000 BASE YEAR VALUE TRANSFER

(b) BASE YEAR VALUE TRANSFER – GOVERNMENT ACQUISITION

Annotation 200.0303

200.0303 Agency. An "ostensible agency" is created, "when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him" (Civil Code section 2300). An agent, whether actual or ostensible, has such authority as the principal, actually or ostensibly, confers upon him (Civil Code section 2315). Similarly, an agent, whether actual or ostensible, represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would accrue to the agent from transactions within such limit, if they had been entered into on his own account, accrue to the principal (Civil Code section 2330).

An agent's authority to represent the principal and ability to bind the principal are identical in both actual and ostensible agency (see Civil Code sections 2315 and 2330). Where the ostensible agent acts within the scope of such ostensible authority, the acquisition of property by the ostensible agent of such a public entity is deemed to be an "acquisition by a public entity" within the meaning of Revenue and Taxation Code section 68, in the same way that an acquisition by an actual agent of a public entity can be regarded as an "acquisition by a public entity." C 9/1/2016.