Broker Martinez has a buyer client, Anderson, looking for investment property. Anderson finds a FSBO property and asks Martinez to help negotiate the purchase. The seller, Brown, asks Martinez to also represent him since he's unfamiliar with real estate transactions. Under BRRETA, what must Martinez do to legally represent both parties?
Correct Answer
D) Get written consent from both parties and provide required disclosures
Under BRRETA, dual agency requires written consent from both parties and proper disclosures must be provided. Option A is incorrect because written, not oral, consent is required. Option B is incorrect because Martinez can represent both if proper procedures are followed. Option D is not required if dual agency procedures are properly implemented.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.
The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.
An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.
More Ga Agency Brreta Questions
Under Georgia's BRRETA, which statement accurately describes a broker's obligations regarding confidential information when a dual agency relationship has been established?
Agent Lisa represents buyer Kevin under a written buyer brokerage engagement. During their property search, they encounter a home listed by Lisa's brokerage where Lisa would be the dual agent. What disclosure requirements must Lisa fulfill?
Under Georgia law, which of the following best describes how dual agency is created and what is required for it to be valid?
A Georgia broker realizes mid-transaction that dual agency may have been created without proper consent. Under BRRETA, which statement correctly addresses the consent requirements for dual agency?
In Georgia, when can a brokerage firm establish designated agency?
- → Under Georgia's BRRETA, which of the following accurately describes the legal effect of performing ministerial acts for a party in a real estate transaction?
- → Under Georgia's BRRETA, which of the following best describes the duties a licensee owes to a customer (a party who has NOT entered into a brokerage engagement)?
- → A newly licensed Georgia agent asks her broker to explain the primary obligation that distinguishes designated agency from dual agency when a single firm represents both parties. Which answer best describes this key distinction?
- → Under Georgia's BRRETA, which statement accurately describes the relationship between compensation and brokerage status?
- → Under BRRETA, which statement correctly describes the scope and effect of ministerial acts performed by a Georgia licensee?
- → Agent Sarah is working as a transaction broker for both buyer and seller in a residential sale. The buyer asks Sarah what she thinks the property is worth compared to the listing price. Under BRRETA, how should Sarah respond?
- → Under Georgia's BRRETA, which statement about dual agency is NOT correct?
- → Under Georgia's BRRETA, what distinguishes a 'client' from a 'customer' in a real estate transaction?
- → Under BRRETA, if a brokerage relationship needs to change from one type to another during the course of a transaction, what does Georgia law require?
- → A Georgia brokerage firm uses designated agency, assigning Agent Lopez to represent the seller and Agent Marsh to represent the buyer. Agent Lopez unexpectedly becomes unavailable mid-transaction. Which statement best describes the firm's obligations under BRRETA?
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Previous Question
Seller Davis has an exclusive listing agreement with broker Kim. Buyer Lopez approaches Kim directly about purchasing Davis's property. Kim decides to represent Lopez as well without using designated agency. Which of the following would NOT be required under BRRETA?
Next Question
A licensee is providing customer-level service to both the buyer and the seller in a residential transaction, with no client-level brokerage agreement with either party. The buyer asks the licensee for an opinion on the property's market value and whether to offer the full asking price. Under BRRETA, how should the licensee respond?
