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Ga Agency BrretaTransaction_broker_and_ministerial_actsHARD

A licensee in Georgia is acting as a transaction broker and believes that because no client relationship exists, the licensee has no obligations to either party. Under BRRETA, which of the following correctly describes the duties that apply to a transaction broker?

Correct Answer

B) A transaction broker must still timely present all offers and account for money or documents entrusted to the broker, as these duties are imposed by statute regardless of client status.

Under BRRETA (O.C.G.A. § 10-6A-14) and GREC rules, a transaction broker—despite not having a fiduciary client relationship—retains specific statutory duties including the timely presentation of all offers and proper accounting for all money and documents received in connection with the transaction. These obligations exist by operation of law and cannot be disclaimed simply because the broker is not acting as an agent.

Answer Options
A
A transaction broker who provides advice beyond factual information cannot inadvertently create an implied agency relationship because transaction brokerage status is irrevocable once established.
B
A transaction broker must still timely present all offers and account for money or documents entrusted to the broker, as these duties are imposed by statute regardless of client status.
C
A transaction broker's only obligation is to refrain from disclosing confidential information; all other duties apply exclusively to brokers with a client relationship.
D
A transaction broker may withhold an offer that the broker considers unreasonable, provided the broker discloses the withholding to both parties within 48 hours.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiontransaction_broker_and_ministerial_actsga_agency_and_brreta

Related Concepts

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.

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.

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