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Ga Agency BrretaDual_agency_gaMEDIUM

Under BRRETA, which statement correctly describes the relationship among dual agency, transaction brokerage, and designated agency in Georgia?

Correct Answer

D) Dual agency, transaction brokerage, and designated agency are distinct brokerage relationships under Georgia law, each carrying different duties, disclosures, and legal consequences.

Under BRRETA (O.C.G.A. § 10-6A-12 et seq.), dual agency, transaction brokerage, and designated agency are separate and legally distinct relationship structures. Dual agency requires informed written consent from both parties and limits the broker's advocacy for either side. Designated agency allows the broker to appoint individual licensees to represent each party with greater loyalty. Transaction brokerage involves facilitating a transaction without representing either party. Each structure imposes different duties regarding loyalty, confidentiality, and disclosure, and they must not be conflated.

Answer Options
A
Dual agency automatically arises whenever two licensees from the same brokerage firm work on any transactions in the same office location.
B
Transaction brokerage and designated agency are simply alternative names for dual agency under Georgia law, since all three involve more than one party.
C
Georgia permits a broker to operate as a dual agent, a transaction broker, and a designated agent simultaneously in the same transaction without additional disclosure.
D
Dual agency, transaction brokerage, and designated agency are distinct brokerage relationships under Georgia law, each carrying different duties, disclosures, and legal consequences.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiondual_agency_gaga_agency_and_brreta

Related Concepts

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.

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.

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