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Ga Agency BrretaDual_agency_gaHARD

A Georgia broker's firm currently has a buyer client and a seller client in the same transaction. The broker is considering how to structure the representation. Under BRRETA, which statement correctly distinguishes the available brokerage relationship options?

Correct Answer

A) Dual agency, transaction brokerage, and designated agency are distinct relationship structures with different legal duties and consent requirements, even though all three can involve multiple parties in the same transaction.

Under BRRETA (O.C.G.A. § 10-6A-5 through 10-6A-12), dual agency, transaction brokerage, and designated agency are legally distinct structures. Dual agency means the broker represents both parties with limited duties and requires informed written consent. Designated agency allows the broker to appoint separate licensees within the firm to represent each party, preserving more individualized duties. Transaction brokerage provides facilitation services without creating a client relationship with either party. Each carries different obligations, limitations, and consent requirements.

Answer Options
A
Dual agency, transaction brokerage, and designated agency are distinct relationship structures with different legal duties and consent requirements, even though all three can involve multiple parties in the same transaction.
B
Designated agency and dual agency impose identical duties on the licensee, differing only in the number of agents assigned to each client.
C
Transaction brokerage requires the same level of informed written consent as dual agency because both create fiduciary obligations to all parties.
D
A broker acting as a dual agent retains the full duty of undivided loyalty to each client, which is why dual agency and designated agency produce the same practical outcome.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiondual_agency_gaga_agency_and_brreta

Related Concepts

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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