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Ga Agency BrretaDesignated_agency_gaMEDIUM

A Georgia brokerage firm uses designated agency, assigning Agent Lopez to represent the seller and Agent Kim to represent the buyer in the same transaction. Which statement correctly describes the firm's disclosure obligations?

Correct Answer

A) The firm must still provide the required brokerage relationship disclosures and obtain the parties' informed consent before proceeding under the designated agency arrangement.

Under BRRETA (O.C.G.A. § 10-6A-5 and § 10-6A-12), brokerage engagement disclosures are mandatory regardless of the agency structure used. When a firm employs designated agency, each party must be informed that separate agents within the same firm will represent opposing sides, and each party must consent to this arrangement. The disclosure requirements are not waived simply because the firm has an internal designation policy.

Answer Options
A
The firm must still provide the required brokerage relationship disclosures and obtain the parties' informed consent before proceeding under the designated agency arrangement.
B
Because the agents are already affiliated with the same firm, no additional disclosure is needed beyond the firm's standard listing agreement.
C
Disclosure is only required if the transaction price exceeds $100,000 under BRRETA's materiality threshold.
D
The firm satisfies its disclosure duty by posting its agency policy on its website, with no obligation to address the specific transaction.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiondesignated_agency_gaga_agency_and_brreta

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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