3 questions

Brreta

Georgia's Brokerage Relationships in Real Estate Transactions Act (BRRETA) primarily governs:

  • a.Property tax assessment
  • b.The relationships and duties between real estate brokers and the buyers, sellers, landlords, and tenants they work with
  • c.Zoning appeals
  • d.Mortgage interest rates

BRRETA (O.C.G.A. Title 10, Chapter 6A) defines the brokerage relationships Georgia recognizes, such as client (agency) and customer, and the duties a broker owes in each. It governs disclosure, confidentiality, and how agency is created and ended. Brokers must understand BRRETA because it sets the framework for how their firm and affiliated licensees may represent the public.

Brreta

Under BRRETA, a Georgia broker who represents a client (for example, a seller) owes that client duties that a mere 'customer' is not owed, including:

  • a.Nothing different from a customer
  • b.A guaranteed sale price
  • c.Free legal advice
  • d.Confidentiality and promotion of the client's interests within the law

BRRETA distinguishes a client, to whom the broker owes agency duties such as confidentiality, loyalty, and diligent promotion of the client's interests within the bounds of the law, from a customer, to whom the broker owes honesty and fair dealing but not agency representation. Brokers must not give legal advice, and no broker can guarantee a sale price. Knowing the client/customer line is central to Georgia practice.

Brreta

Under BRRETA, a Georgia broker may act as a dual agent representing both buyer and seller only if:

  • a.Both parties give informed written consent to the dual agency
  • b.The transaction is for vacant land
  • c.The broker keeps the arrangement confidential
  • d.The buyer and seller are represented by different firms

BRRETA permits dual agency, but only with the informed written consent of both the buyer and the seller. Because a dual agent cannot fully advocate for either side, the broker must disclose the limited nature of the representation, obtain consent, and protect each party's confidential information. Georgia also allows designated agency, assigning different licensees within the firm to each party.

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