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Ga Agency BrretaBrreta_brokerage_relationshipsHARD

A Georgia broker assists a tenant in locating a small retail suite for lease. The tenant asks whether the broker's duties differ from those owed to a buyer in a sales transaction. Under BRRETA, how does the nature of the transaction affect the broker's obligations?

Correct Answer

B) The broker's obligations depend on whether a brokerage engagement has been established, not on whether the transaction is a sale or a lease.

Under BRRETA (O.C.G.A. § 10-6A-3 et seq.), the broker's level of obligation is determined by whether a brokerage engagement exists—not by the type of transaction. BRRETA defines 'brokerage engagement' to encompass both sales and leasing activities. If the broker enters a brokerage engagement with the tenant, client-level duties attach; if the broker is merely performing ministerial or limited acts, only baseline duties apply. The sale-versus-lease distinction does not change this framework.

Answer Options
A
A broker's duties in a leasing transaction are limited to providing property access, since BRRETA's full engagement duties apply only to sales transactions.
B
The broker's obligations depend on whether a brokerage engagement has been established, not on whether the transaction is a sale or a lease.
C
BRRETA requires a separate tenant representation license for leasing transactions, which carries a distinct set of statutory duties.
D
In leasing transactions, the broker automatically serves as a transaction broker and cannot represent the tenant as a client.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionbrreta_brokerage_relationshipsga_agency_and_brreta

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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