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HomeCivil CodeDiv. 3Pt. 4Ch. 1Art. 2§ 2306 Agent Fraud Prohibition

§ 2306 Agent Fraud Prohibition

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2306 Agent Fraud Prohibition

This law says that a person acting for someone else cannot commit fraud if the other person knows or suspects the act is dishonest.

Key Takeaways

  • •An agent cannot commit fraud just because they say they have permission.
  • •If the other person knows or suspects the act is fraudulent, the agent has no authority.
  • •The rule applies to any kind of deceit, not just financial fraud.

Example

A real estate agent tries to hide serious problems with a house when selling it to a buyer who already knows about those problems.

Because the buyer suspects the agent is being dishonest, the agent has no authority to lie or hide facts, even if the agent claims they are just doing their job.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2306 Agent Fraud Prohibition

An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals, to be a fraud upon the principal. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

agentauthorityactual or ostensiblefraud upon the principal

Related Statutes

  • § 2315 Agent Authority Scope
  • § 2318 Agent Authority Limits
  • § 2319 Agent Authority Scope
  • § 2304 Agent Authority Limits
  • § 2305 Agent Authority In Actions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2306.
View Official Source