An agency which is not expressly set out but must be deduced from the circumstances and other facts. It is an actual agency as opposed to an ostensible agency or agency by estoppel.

any agency relationship that is indicated by the words and/or actions of the agent rather than by written agreement; also called accidental or undisclosed agency.

Occurs when the words and actions of the parties involved in a deal indicate that there is an agency relationship. For example, a homeowner creates implied agency when he asks a broker to sell his home, even if there is no written listing. Source: Barron‘s “Dictionary of Real Estate Terms"