During a file review involving a single-family home in DeKalb County, the broker flags a Georgia compliance issue. Example 11 is under review. The office is debating the claim that allows a broker to become a dual agent first and obtain written consent only after closing. It is comparing that claim with the rule that dual agency is different from transaction brokerage and different from designated agency, even though all three involve multiple parties. The review topic is how dual agency can arise and what informed written consent must accomplish. Which statement is correct?
Correct Answer
A) Dual agency is different from transaction brokerage and different from designated agency, even though all three involve multiple parties.
The structures have different legal consequences and should not be blended together. Source: BRRETA, O.C.G.A. Title 10, Chapter 6A; current Georgia brokerage practice materials.
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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
At Chattahoochee Homes in Woodstock, a licensee raises a state-law issue. Example 8 is under review. The office is debating the claim that in dual agency, the broker may disclose either client’s confidential bottom line to get the deal done. It is comparing that claim with the rule that late or missing informed consent is a serious relationship problem because dual agency cannot simply be assumed after the fact. The review topic is how dual agency can arise and what informed written consent must accomplish. Which statement is correct?
Next Question
Under Georgia's BRRETA, when a brokerage firm enters into a dual agency arrangement representing both the buyer and seller in the same transaction, how does this affect the firm's obligation regarding each client's confidential information?
