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Ga Agency BrretaTransaction_broker_and_ministerial_actsEASY

A Georgia licensee is acting as a transaction broker and begins offering strategic advice about pricing and negotiation tactics to one of the parties. Under BRRETA, what is the most likely consequence of this conduct?

Correct Answer

D) The licensee may inadvertently create an agency relationship by going beyond limited assistance and engaging in representational advice.

Under BRRETA (O.C.G.A. Title 10, Chapter 6A), a licensee's conduct can cross the line from ministerial or limited assistance into representation. When a transaction broker begins offering strategic or professional advice favoring one party, the licensee risks inadvertently creating a client relationship with the duties that accompany it.

Answer Options
A
The licensee's conduct is permissible because transaction brokers are free to assist either party in any manner they choose.
B
The licensee has no exposure because verbal advice cannot establish a brokerage relationship without a signed agreement.
C
The licensee's actions are considered ministerial acts and carry no additional obligations under Georgia law.
D
The licensee may inadvertently create an agency relationship by going beyond limited assistance and engaging in representational advice.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiontransaction_broker_and_ministerial_actsga_agency_and_brreta

Related Concepts

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.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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