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Ga Agency BrretaDesignated_agency_gaHARD

At Metro Realty, agent Thompson lists the Martinez property for $450,000. Three weeks later, agent Rodriguez from the same firm brings buyer Chen to view the property. Broker Williams wants to establish designated agency. Which statement is TRUE under Georgia law?

Correct Answer

A) The broker must obtain written consent from both parties before proceeding

Under O.C.G.A. § 43-40-25, designated agency requires written informed consent from all parties before it can be established. B is incorrect because designated agency is not automatic and requires consent. C is incorrect because designation must be formally made by the broker with client consent. D is incorrect because the parties can choose designated agency instead of transaction brokerage.

Answer Options
A
The broker must obtain written consent from both parties before proceeding
B
Designated agency is automatically established when agents from the same firm represent different parties
C
The listing agent automatically becomes the designated agent for the seller
D
Both agents must cease representing their clients and become transaction brokers

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Related Topics & Key Terms

Key Terms:

written_consentdesignated_agencybroker_responsibilities

Related Concepts

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.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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