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Ga Agency BrretaAgency_disclosures_and_written_engagementsHARD

A Georgia broker receives a referral fee from an out-of-state brokerage for directing a buyer to that firm. The broker does not disclose this arrangement to the buyer. Under BRRETA and Georgia license law, which statement best describes the proper handling of referral-fee and commission-sharing arrangements?

Correct Answer

C) Referral-fee and commission-sharing arrangements must be handled transparently within lawful brokerage structures and not hidden from the parties involved.

Under BRRETA (O.C.G.A. § 10-6A-1 et seq.) and GREC rules, all compensation arrangements—including referral fees and commission-sharing—must be handled transparently within lawful brokerage structures. Licensees have a duty of honesty and disclosure to all parties, and concealing financial arrangements that could affect a party's interests violates these obligations.

Answer Options
A
Referral-fee arrangements need not be disclosed to the parties as long as both brokerages consent to the arrangement.
B
BRRETA governs only sales transactions, so referral fees arising from lease transactions fall outside its disclosure requirements.
C
Referral-fee and commission-sharing arrangements must be handled transparently within lawful brokerage structures and not hidden from the parties involved.
D
Referral fees between brokerages are prohibited under Georgia law regardless of disclosure.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionagency_disclosures_and_written_engagementsga_agency_and_brreta

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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