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Ga Agency BrretaAgency_disclosures_and_written_engagementsHARD

A buyer client is interested in a property listed by another licensee within the same brokerage. The brokerage's policy requires dual agency consent for in-house transactions. The buyer refuses to consent to dual agency. What is the appropriate course of action?

Correct Answer

D) The buyer's agent must either withdraw from this transaction or refer the buyer to an agent at another brokerage

Under BRRETA (O.C.G.A. § 10-6A-12), dual agency requires informed written consent from all parties. When a buyer refuses dual agency consent in an in-house transaction, the conflict cannot be resolved within the brokerage. The buyer's agent must either step aside from that specific transaction or refer the buyer to a different brokerage so the buyer can be fully represented without creating an unauthorized dual agency.

Answer Options
A
The brokerage must terminate the buyer's entire brokerage agreement immediately
B
The buyer's agent may continue showing the property but must limit advice to factual information only
C
The brokerage must require the listing agent to withdraw from representing the seller for this transaction
D
The buyer's agent must either withdraw from this transaction or refer the buyer to an agent at another brokerage

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Related Topics & Key Terms

Key Terms:

dual_agencyconsent_refusalconflict_resolution

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

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.

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