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Ga Agency BrretaDual_agency_gaHARD

A Georgia broker considers acting for both buyer and seller in one transaction. Under BRRETA, which statement about this dual-agency arrangement is not correct?

Correct Answer

A) A dual agent may promise full undivided loyalty to both the buyer and the seller simultaneously.

Under BRRETA (O.C.G.A. § 10-6A-12), dual agency inherently limits the broker's ability to provide undivided loyalty to either party because the broker owes duties to both sides with competing interests. The statute requires that the informed written consent disclose these limitations. Promising full undivided loyalty to both clients simultaneously is legally impossible and misrepresents the nature of dual agency.

Answer Options
A
A dual agent may promise full undivided loyalty to both the buyer and the seller simultaneously.
B
Dual agency requires informed written consent from all parties before or at the time the dual agency arises.
C
A brokerage relationship can change from single-party representation to dual agency mid-transaction if proper disclosures and written consent are obtained.
D
A dual agent must exercise reasonable care and skill while treating both parties with honesty and fairness.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiondual_agency_gaga_agency_and_brreta

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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