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Ga Agency BrretaDual_agency_gaEASY

Under Georgia's BRRETA, which statement about dual agency is NOT correct?

Correct Answer

B) Once dual agency is created, the broker may promise full undivided loyalty to both clients at the same time.

Under BRRETA (O.C.G.A. § 10-6A-12), dual agency inherently creates a conflict of interest because the broker owes fiduciary duties to both parties simultaneously. Because of this conflict, the broker cannot promise full undivided loyalty to both clients—the very nature of dual agency requires balanced, limited advocacy rather than the full loyalty owed in single-party representation. A broker who promises undivided loyalty to both sides would be making a promise that is legally impossible to fulfill.

Answer Options
A
Once dual agency exists, the broker cannot continue giving undivided loyalty to each side in the same way as in single-party representation.
B
Once dual agency is created, the broker may promise full undivided loyalty to both clients at the same time.
C
Dual agency in Georgia requires the broker to obtain informed written consent from all affected clients before proceeding.
D
Confidential information from each client must still be protected even after dual agency has been established.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiondual_agency_gaga_agency_and_brreta

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

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.

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