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Ga Agency BrretaTransaction_broker_and_ministerial_actsMEDIUM

A Georgia licensee acting as a transaction broker helps a buyer locate properties, provides standard preprinted contract forms, and presents the buyer's offer to the seller. The buyer pays the licensee a flat fee for these services. Which statement correctly reflects Georgia law regarding this arrangement?

Correct Answer

A) These activities qualify as ministerial acts and do not by themselves create an agency relationship with the buyer.

Under BRRETA (O.C.G.A. Title 10, Chapter 6A), ministerial acts—such as presenting offers, identifying properties, providing preprinted forms, and conveying factual information—are specifically defined as limited assistance activities that do not create an agency relationship, regardless of whether the licensee receives compensation for performing them.

Answer Options
A
These activities qualify as ministerial acts and do not by themselves create an agency relationship with the buyer.
B
Accepting compensation from the buyer automatically establishes a fiduciary relationship under BRRETA.
C
Providing preprinted contract forms to a buyer is considered legal advice and requires an agency agreement.
D
A transaction broker who presents offers on behalf of a buyer has exceeded ministerial acts and created implied agency.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiontransaction_broker_and_ministerial_actsga_agency_and_brreta

Related Concepts

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

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