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Ga Agency BrretaBrreta_brokerage_relationshipsMEDIUM

A Georgia licensee is working with a buyer who has not entered into a brokerage engagement agreement. Which statement best describes the licensee's obligations to this buyer?

Correct Answer

C) The licensee still owes the buyer duties of honesty, fair dealing, and proper accounting of funds as required by Georgia law.

Under BRRETA (O.C.G.A. § 10-6A-14), even when no brokerage engagement exists and a party is merely a 'customer,' a Georgia licensee still owes statutory duties including honesty, disclosure of material facts, and proper accounting of any funds received. These duties exist by operation of law regardless of whether a formal client relationship has been established.

Answer Options
A
The licensee owes the buyer the same fiduciary duties of loyalty, obedience, and confidentiality that would apply to a client.
B
The licensee has no legal obligations to the buyer until a written brokerage engagement is signed.
C
The licensee still owes the buyer duties of honesty, fair dealing, and proper accounting of funds as required by Georgia law.
D
The licensee may withhold known material facts about a property's condition because no agency relationship exists.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionbrreta_brokerage_relationshipsga_agency_and_brreta

Related Concepts

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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