§ 10-6A-16. Regulation
Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker’s affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursuant thereto. History. Code 1981, § 10-6A-14 , enacted by Ga. L. 1993, p. 376, § […]
§ 10-6A-14. Ministerial Acts Explained; Required Actions of Transaction Brokers; False Information
A broker acting as a transaction broker may provide assistance to buyers, sellers, tenants, and landlords by performing ministerial acts. Examples of ministerial acts which can be performed by the transaction broker on behalf of any of the parties in a real estate transaction include without limitation the following: Identifying property for sale, lease, or […]
§ 10-6A-15. Affiliation With Common Source Information Company
Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information company. No broker shall be deemed to be a subagent of any client of another broker solely by reason of membership or other affiliation by such brokers […]
§ 10-6A-1. Short Title
This chapter shall be known as and may be cited as the “Brokerage Relationships in Real Estate Transactions Act.” History. Code 1981, § 10-6A-1 , enacted by Ga. L. 1993, p. 376, § 1; Ga. L. 2000, p. 929, § 1. Law reviews. For annual survey of real property law, see 57 Mercer L. Rev. […]
§ 10-6A-2. Legislative Findings; Chapter as Basis for Private Rights of Actions and Defenses
The General Assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; […]
§ 10-6A-3. Definitions
As used in this chapter, the term: “Agency” means every relationship in which a real estate broker acts for or represents another as a client by the latter’s written authority in a real property transaction. “Broker” means any individual or entity issued a broker’s real estate license by the Georgia Real Estate Commission pursuant to […]
§ 10-6A-4. Broker’s Legal Relationship to Customers or Clients
A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties. A broker shall not be deemed to have a fiduciary relationship with any party or […]
§ 10-6A-5. Duties and Responsibilities of Broker Engaged by Seller
A broker engaged by a seller shall: Perform the terms of the brokerage engagement made with the seller; Promote the interests of the seller by: Seeking a sale at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the seller; provided, however, the broker shall not be […]
§ 10-6A-6. Duties of Broker Engaged by Landlord
A broker engaged by a landlord shall: Perform the terms of the brokerage engagement made with the landlord; Promote the interests of the landlord by: Seeking a tenant at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the landlord; provided, however, the broker shall not be […]
§ 10-6A-7. Duties of Broker Engaged by Buyer
A broker engaged by a buyer shall: Perform the terms of the brokerage engagement made with the buyer; Promote the interests of the buyer by: Seeking a property at a price and terms acceptable to the buyer; provided, however, the broker shall not be obligated to seek other properties for the buyer while the buyer […]